Agenda — Richmond City Council, April 16, 2024 (part 1 of 5)

PLEASE NOTE: HYBRID MEETING FORMAT

AMENDED AGENDA(s):
- SPECIAL JOINT MEETING OF THE RICHMOND HOUSING AUTHORITY/RICHMOND CITY COUNCIL - REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, April 16, 2024, 4:30 p.m.

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

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Councilmember District 5
Claudia Jimenez, Vice Mayor, District 6
Jaycine Scott, Housing Authority Tenant Commissioner

THE RICHMOND CITY COUNCIL MEMBERS ARE ALSO COMMISSIONERS OF THE SURPLUS

PROPERTY AUTHORITY

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Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven v. City of Richmond•
Guidiville Rancheria of California, et al. v. United States of America, et al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
Hanlees Hilltop Buick et al. v. City of Richmond•

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • Two cases
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Attorney•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING

AUTHORITY/RICHMOND CITY COUNCIL
6:25 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY CONSENT CALENDAR
K.1 Housing Authority Meeting Minutes 13
APPROVE the minutes of the February 6, 2024, regular meeting of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620- 6513).

L. JOINT RICHMOND HOUSING AUTHORITY / RICHMOND CITY COUNCIL BUDGET

SESSION
L.1 Fiscal Year (FY) 2023-2024 Amended Budget Adjustments 15 ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2023-2024 Richmond Housing Authority (RHA) amended budget adjustments with revised estimated revenues of $5,614,495 and total expenditures of $5,614,495, with no increases to the general fund subsidy amount which will provide sufficient revenue to match anticipated expenditures – Richmond Housing Authority/Finance Department (Gabino Arredondo/Rita Martinez 510-621- 1300).

M. ADJOURNMENT
_______________________________________________________ 6 N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

O. ROLL CALL
P. STATEMENT OF CONFLICT OF INTEREST
Q. AGENDA REVIEW
R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
U. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
V.1 City Attorney's Office
V.1.a Second Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore for Labor and Employment Issues
24 APPROVE a second amendment to the legal services agreement with Liebert Cassidy Whitmore to extend the time to June 30, 2026, and increase the compensation by $750,000, for an amount not to exceed $1,165,000 – City Attorney’s Office (Dave Aleshire 510-620- 6509/Shannon Moore 510-620-6505).

V.2 City Clerk's Office
V.2.a City Council Meeting Minutes 54
APPROVE the minutes of the March 5, 2024, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513). 7 V.3 Economic Development
V.3.a Authorization to Apply for Environmental Protection Agency Grants 63 ADOPT a resolution AUTHORIZING the city manager or their designee to submit grant applications for any and all United States Environmental Protection Agency grants for which the Port of Richmond is eligible, and to execute all necessary and related agreements; and to ACCEPT and APPROPRIATE grant awards into the Port Fund – Economic Development Department (Charles Gerard/Nannette Beacham/Lizeht Zepeda/510-215-4600).

V.4 Finance Department
V.4.a Update on Cost Recovery and Revenue Enhancement 81 RECEIVE a written report on the City’s Cost Recovery and Revenue Enhancement efforts - Finance Department (Shasa Curl/Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077/Antonio Banuelos 510-620-6741).

V.4.b Investment and Cash Balance Report and Monthly Overtime Reports for the Month of February 2024
88 RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of February 2024 – Finance Department (Andrea Miller 510-620-6740).

V.4.c Sanctuary City Contracting and Investment Policy Ordinance Update 104 RECEIVE a written update regarding the steps taken to ensure compliance with the Sanctuary City Contracting and Investment Policy Ordinance; and APPROVE a waiver for Motorola as the only reasonable option – Finance Department (Andrea Miller/Mubeen Qader/ Ofelia Alvarez 510-620-6699).

V.4.d State Auditor’s Recommendations Corrective Action Plan May 2024 Update
113
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

V.5 Human Resources
V.5.a Employee Recognition Program Expenditure Approval 148 APPROVE expenditure of up to $30,000 for the sole-source purchase of lapel pins for employee service awards – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602). 8 V.5.b Amend Contracts with Temporary Employment Staffing Agencies 154 APPROVE first amendments to contracts with temporary employment staffing agencies, TemPositions and AppleOne, to increase the contract limit by $100,000 each, for a total amount not to exceed $200,000 for each contract, and extending the terms of both agreements to June 30, 2025 – Human Resources Department (Nickie Mastay/Sharrone Taylor - 510-620-6602).

V.6 Library and Community Services
V.6.a Resolution to Accept and Appropriate the Local Government:

Connecting Neighbors to Neighbors Grant from the State of California, Governor’s Office of Planning and Research
223
ADOPT a resolution to ACCEPT and APPROPRIATE grant funds in the amount of $750,000 from the State of California, Governor’s Office of Planning and Research to support neighborhood engagement – Community Services Department (LaShonda White 510-620-6828/Stephanie Ny 510-620-6563).

V.7 Mayor's Office
V.7.a Abhijeet Babu Prasad Youth Council Appointment 228 APPOINT Abhijeet Babu Prasad to the Youth Council, with a term expiring on October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.7.b Reappoint Gloria Jean Sewell-Murphy to the Economic Development Commission (EDC)
230
REAPPOINT Gloria Jean Sewell-Murphy to the Economic
Development Commission with a term that expires on March 30, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.7.c Scarlett Perez Youth Council Appointment 232
REAPPOINT Scarlett Perez to the Youth Council with a term that expires on October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.7.d Valeria Serrano Youth Council Appointment 234
APPOINT Valeria Serrano to the Youth Council, term expires October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.8 Police Department
V.8.a Crime Report from Police Chief 236
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).
9 V.8.b CAL ID Remote Access Network and County Law Enforcement Training Center Annual Expense Increases
240
APPROVE the purchase order amounts of $178,353 for the cost of maintaining the CAL-ID program mandated by the State of California, and $69,000 for the Law Enforcement Training Center for Fiscal Year 2023-2024 – Police Department (Chief Bisa French 510-621-1802).

V.8.c Sole-Source Contract with Serological Research Institute for Forensic DNA Testing and Analysis
249
APPROVE a one-year sole-source contract with Serological Research Institute, in an amount not to exceed $49,000, for the term April 17, 2024, through April 16, 2025, with two mutually agreed upon one-year extensions, for an additional amount not to exceed $49,000 per fiscal year – Police Department (Chief Bisa French 510-621- 1802).

V.8.d Special Weapons and Tactics (SWAT) Communication Headsets for Richmond Police Department Officers
280
APPROVE the purchase of communication headsets from Pack-n- Tape, in an amount not to exceed $30,500, which includes a contingency to account for taxes and shipping costs – Police Department (Chief Bisa French 510-621-1802).

V.9 Public Works
V.9.a Award Construction Contract for the Lincoln Elementary School Safe Route to School Improvement Project (SRT)- CML -5137(055) 289
ADOPT a resolution to ACCEPT and APPROPRIATE the One Bay Area Grant 2 (OBAG2) in the amount of $497,000 for Lincoln Elementary School Safe Route to School Improvement Project CML- 5137(055); AUTHORIZE the city manager or their designee to execute a contract with Corcus Construction, Inc in an amount of $599,831; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for an additional contingency amount of $67,000 – Public Works Department (Robert Armijo 510-620- 5477/Ken Cheng 510-621-1612).
10 V.9.b Award Construction Contract for an As-Needed Concrete Contractor and Request for Funds Transfer
674
ADOPT a resolution to AUTHORIZE the city manager or their designee to execute a contract with Calico California Constructores Inc. in an amount of $1,500,000, for a term ending December 31, 2025, with an option to extend the contract for one year and add additional capacity in the amount of $500,000; and APPROVE the transfer of American Rescue Plan Act (ARPA) funds in the amount of $461,717 from street improvement project (13636031-400645- 01A05) to sidewalk improvement project (13636031-400644-01A04) – Public Works Department (Daniel Chavarria 510-620-5478/Ken Cheng 510-621-1612).

V.9.c Amendment #1 Arntz Builders, Inc. Construction Contract for Booker T. Anderson Community Center
946
ADOPT a resolution authorizing an amendment to the construction contract with Arntz Builders, Inc. for the Booker T. Anderson Infrastructure Projects (#23008, #AR247 and #23045), in an amount of $676,537, for an amended total contract amount not to exceed $3,978,715; and AUTHORIZE the Director of Public Works to approve additional project budget and contingency usage, if necessary, for an amount of $397,871 that may increase the total contract not-to-exceed amount to $4,376,586 – Public Works Department (Robert Armijo 510-620-5477/Josef Munoz 510-672- 2407).

V.9.d Ghilotti Bros., Inc. Contract Amendment #1 for The Yellow Brick Road Project
985
ADOPT a resolution amending the construction contract with Ghilotti Bros., Inc. for the Yellow Brick Road Project in the amount of $134,439.32, for an amended total contract amount not to exceed $7,677,134.37, which includes $54,439.32 for project-related work and a contingency amount of $80,000 for potential additional change order work; and AUTHORIZE the Director of Public Works to approve construction change orders, if necessary, for the contingency amount of $80,000 – Public Works Department (Robert Armijo 510-620- 5477/Wendy Wellbrock 510-307-8108).

W. BUDGET SESSION
W.1 Capital Improvement Plan Projects Update 1063
RECEIVE an update regarding the prioritization and status of the Capital Improvement Plan Projects; and ADOPT a resolution to APPROPRIATE $4,058,438 of unspent funds from Fiscal Year 2022-23 – Finance Department (Andrea Miller 510-620-6790).
11 X. NEW BUSINESS
X.1 Temporary Moratorium on New Tobacco Retailers 1082
ADOPT an urgency ordinance placing a temporary 45-day moratorium on the issuance of any new permit, license, or other entitlement for any new tobacco retailer in the City of Richmond - (Mayor Martinez 510-620-6503/Vice Mayor Jimenez 510-620-6565/Councilmember Willis 510-412-2050). This item was continued from the April 2, 2024, meeting. (PUBLIC COMMENT SESSION CLOSED. THIS ITEM IS FOR COUNCIL DELIBERATION AND VOTING ONLY)
X.2 Presentation of Management and Performance Audit of the Port of Richmond 1090 RECEIVE a presentation from Government Performance & Policy (GPP) Analytics Inc. on the Management and Performance Audit of the Port of Richmond – Finance Department (Nickie Mastay 510-620-6602/ Andrea Miller 510-620-6790/ Nannette Beacham 510-621-1306/ Charles Gerard 510-620- 6792).

Y. ADJOURNMENT
________________________
12 rha6Feb2024 – sl/prc

Page 1 of 2 ends

RICHMOND, CALIFORNIA, February 6, 2024

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:44 p.m. by Chairperson Eduardo Martinez.

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

H. ROLL CALL

Present: Commissioners Soheila Bana, Gayle McLaughlin, Doria Robinson, Cesar Zepeda, Vice Chair Claudia Jimenez, Chair Eduardo Martinez, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioner Melvin Willis was absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Richmond Housing Authority Executive Director Gabino Arredondo presented a PowerPoint that highlighted an update on the Nevin Plaza renovation. Mr. Arredondo advised Nevin Plaza tenants to call (510) 374-4658 with questions or concerns.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
Mark Wassberg expressed concerns regarding numerous complaints against a disruptive resident at the Hacienda senior housing complex.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Zepeda
Seconded by Commissioner McLaughlin
To approve both items on the Housing Authority Consent Calendar.

Ayes (6): Commissioner Bana, Commissioner McLaughlin, Commissioner Robinson, Commissioner Zepeda, Vice Chair Jimenez, Chair Martinez, and Housing Authority Tenant Commissioner Scott.

Absent (2): Commissioner Willis.

Passed (6 to 2)
M.1 Housing Authority Meeting Minutes
13 rha6Feb2024 – sl/prc

Page 2 of 2 ends

APPROVE the minutes of the November 7, 2023, regular meeting and the December 19, 2023, special meeting of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620-6513).

M.2 Express Professionals Contract Amendment #4
ADOPT a resolution authorizing a fourth contract amendment with Express Professionals for as-needed staffing services to support unit turnover activities at Nystrom Village in an amount of $300,000, for a new total not to exceed amount of $750,000 – Richmond Housing Authority (Gabino Arredondo 510-621-1300).

Adopted Resolution No. 2194
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:50 p.m.

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

Page 1 of 5 ends

April 16, 2024

Richmond Housing Authority
& City of Richmond

Finance Department

DATE: April 16, 2024
TO: Richmond Housing Authority Board of Commissioners and Members of the Richmond City Council
FROM:

Nannette Beacham, Director of Economic Development
Andrea Miller, Director of Finance
Gabino Arredondo, RHA, Interim Executive Director
Rita Martinez, Senior Accountant
Subject:

Fiscal Year (FY) 2023-2024 Amended Budget
Adjustments
FINANCIAL IMPACT: The FY 2023-2024 mid-year adjustments include an overall increase in revenue of $51,107 and an increase in expenditures of $51,107. The adjusted mid-year budget
consists of $5,614,495 in estimated revenues and
$5,614,495 in expenditures providing a balanced budget, with no increase to the general fund subsidy.

PREVIOUS COUNCIL
ACTION:

June 20, 2023

STATEMENT OF THE
ISSUE:

Staff is requesting that the Richmond Housing Authority (RHA) Board of Commissioners and members of the
Richmond City Council review and approve the RHA
Fiscal Year 2023-2024 amended operating budget and
approve the recommended budget adjustments.

RECOMMENDED ACTION:

ADOPT a joint resolution approving the proposed Fiscal
Year (FY) 2023-2024 Richmond Housing Authority (RHA)
amended budget adjustments with revised estimated
revenues of $5,614,495 and total expenditures of
$5,614,495, with no increases to the general fund
subsidy amount which will provide sufficient revenue to match anticipated expenditures – RHA/Finance (Gabino
Arredondo/Rita Martinez 510-621-1300).

JOINT MEETING

AGENDA REPORT
15

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April 16, 2024
DISCUSSION:

Background

The Richmond Housing Authority (RHA) provides affordable housing for low and very low-income Richmond residents through the U.S. Department of Housing and Urban Development (HUD) federally funded housing programs. RHA owns multiple public housing properties and manages one property occupied by residents (Nystrom Village) with approximately 100 units. There are an additional 393 units associated with RHA entities (Richmond Village, Triangle Court, Friendship Manor), 148 units rehabilitated and occupied at Hacienda Heights, and 142 units currently being renovated by EAH Housing at Nevin Plaza for a total of 783 units. Funding for the RHA budget is largely dependent on funding from U.S. Department of Housing and Urban Development (HUD), and thus subject to congressional appropriations. HUD continues the trend of inadequate funding for public housing authorities nationwide, and therefore, it is increasingly difficult for RHA to operate without a General Fund subsidy.

Original Approved RHA Budget – June 20, 2023

On June 20, 2023, the RHA Board of Commissioners and Richmond City Council approved the FY 2023-2024 budget of $5,563,388 in expenditures to manage the public housing program which includes personnel costs (5 Full Time Equivalents (FTEs)), funds to cover utilities, contracts for property maintenance and unit turn over activities at Nystrom Village, unpaid utilities, and office transition costs from Nevin Plaza, and operating subsidy pass through for Richmond Village. Estimated revenue of $4,302,306 million is comprised of operating subsidies from HUD, capital funds and tenant rents. An RHA subsidy from the City of Richmond General Fund in the amount of $1,261,082 was approved to provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $5,563,388 in estimated revenues and $5,563,388 in expenditures.

Approved RHA FY 23-24 Budget
Revenues $ 4,302,306
Expenditures $ 5,563,388
Subsidy $ 1,261,082
Surplus/(Deficit) ($ 0)

FY 2023-2024 Amended Budget

The FY 2023-2024 mid-year revenue adjustments include a decrease of $105,669 mainly attributed to decreases in HUD operating subsidy revenue for Richmond Village.

The operating subsidy amounts are updated on a calendar year basis. The adjustments also include an increase of $156,776 mainly attributed to increases in HUD Operating subsidy to Nystrom and Nevin and increases in rent collection and payment agreements. The net total revenue adjustment considering the revenue decreases and increases is $51,107.

Page 3 of 5 ends

April 16, 2024
There is a decrease in FY 2023-2024 mid-year expenditures of $251,494 mainly attributed to the decrease in HUD operating subsidy for Richmond Village pass through and a decrease of one staff position for three months. There is an increase of expenditures of $302,601 mainly attributed to increases in cost pool and operating expenses at Nystrom Village related to unit rehabs. The net total expenditure adjustment considering the expenditure decreases and increases is $51,107.

RHA FY 23-24
Budget with
GF Subsidy
Revenue and
Expenditure
Adjustments
RHA FY 22-23
Budget Mid-Year
Adjustments
Revenues $5,563,388 Increase $51,107 $5,614,495
Expenditures $5,563,388 Increase $51,107 $5,614,495

GF Subsidy Increase $ 0

Amended RHA
FY 23-24 Budget
without increase in GF
Subsidy

$5,614,495
$5,614,495

The revenue and expenditure changes are listed below (Attachment 2):

Revenue Changes: $51,107
 $156,776 Increase in Revenue:
o Increase for Nevin Plaza in HUD Operating Subsidy ($20,797) o Increases in Nystrom Village HUD Operating Subsidy ($7,938) o Rental Income ($27,868)
o Other Income such as payment agreements ($30,600)
o Operating Transfer in from Nevin Subsidy ($24,517)
o Operating Transfer in from Capital Fund ($1,656)
o Increase in Central Office Cost Center (COCC) ($43,400)

 $105,669 Decrease in Revenue:
o Reduction in HUD Operating Subsidy pass through for Richmond Village:

Richmond Village I ($45,744.50), Richmond Village II ($15,787), and Richmond Village III ($44,137.50)

Expenditure Changes: $51,107
 $251,494 Decrease in Expenditures
o Decreases in Salaries and Wages ($74,527) and Benefits ($71,298) o Reduction of one FTE
o Decrease of Richmond Village (RV) I, II, III, Operating Subsidy: (RVI $45,744.50) (RVII $15,787) (RVIII $44,137.50).
17

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April 16, 2024

 $ 302,601 Increase in Expenditures
o Increase in Central Office Cost Center (COCC) Salaries and Wages ($1,843) and Cost Pool ($44,873)
o Increase in Transfer Out for Nevin Plaza ($24,517)
o Increase in Nystrom Village Professional and Admin ($110,000) o Increases in Other Operating ($66,000), Equipment and Contract Services ($23,800), and Cost Pool ($31,568)

FY 2023-2024 Mid-Year RHA and COR Accomplishments

RHA’s main goals and objectives for FY 2023-2024, in addition to the management of the public housing program, includes moving forward on asset repositioning activities outlined in the 2019 Public Housing Authority Recovery and Sustainability (PHARS) agreement between the HUD, City of Richmond, and RHA. RHA, in collaboration with City of Richmond staff, continues to make progress in improving its operations and addressing outstanding tasks outlined in the PHARS.

RHA’s accomplishments at Nevin Plaza include the start of the rehabilitation construction. Nevin Plaza rehabilitation kickoff celebration and construction commenced (138 affordable housing units for seniors). Construction of Phase 1 commenced March 2023 and was completed November 2023 (27 units). Construction of Phase 2 commenced November 2023 (54 units). The Nevin Plaza development team applied for additional Community Development Block Grant funds for Nevin Plaza and $700,000 was awarded. Community meetings and activities reconvened at the end of March 2024.

The Nystrom Village Exclusive Rights to Negotiate Agreement (ERNA) expired with the preferred developer at the end of November 2023. Additional discussions occurred with the preferred developer in December 2023; however, a mutually agreed upon development agreement was not agreed upon and negotiations ceased. A new Request for Proposals (RFP) for the Nystrom Village redevelopment is set to be released in late April 2024. There are still many challenges at Nystrom Village. There is still a high vacancy rate due to units being in disrepair. RHA and City staff have worked collaboratively to conduct multiple cleanup activities at the site. Fortunately, illegal dumping has decreased. RHA staff have entered occupied units which have generated work orders to make additional improvements.

The Hacienda Heights affordable housing site (150 units) that was renovated continues to be fully occupied. In January 2024, a financial accomplishment occurred when the permanent financing for the project closed. The construction loan was converted to a permanent financing loan at that time.

The Richmond Village affordable housing project commenced in March 2024 with community engagement activities to begin the process of submitting a Section 18 disposition application to HUD. Once the application is approved, there will be a 18

Page 5 of 5 ends

April 16, 2024
conversion of public housing units to the Section 8 platform which will make the project more financially stable.

The Finance Department has made progress regarding financial matters. RHA and City Finance staff continue to work with the auditors, Maze & Associates, to complete audits, in addition to working with NBS Consultants to complete a Cost Allocation plan in accordance with HUD requirements set forth in the Title 2 CFR, Part 200 Compliant Version. The Cost Allocation Plan for FY2024-2025 is currently in progress with data being requested from various departments for the consultants to analyze and provide a draft.

Financial Updates:

 2018 Audit – Financial Reports are completed and issued.  2019 Audit – Final draft of the Financial Reports have been provided and are being reviewed by RHA and City staff.
 2022 Capital Fund Grant is in progress along with updating the 5-Year Action Plan and required HUD forms. Upon submission and approval by HUD, funds can be obligated and drawn.
 RHA Draft FY2024-25 Budget has been prepared and is pending review.

Next Steps

A considerable amount of City resources has been allocated to assist RHA in meeting obligations to program participants and HUD, impacting other City operations. RHA and City staff members have worked to significantly reduce the RHA budget deficit for FY 2023-2024 from previous fiscal years and will continue to oversee and monitor RHA’s budget to maintain financial integrity and the health and safety of RHA’s residents.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - Amended Budget
Attachment 3 - Position Control

19 Reso. No.

Page 1 of 2 ends

RESOLUTION NO._____

A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND AND

BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF RICHMOND (RHA) ADOPTING THE HOUSING AUTHORITY’S AMENDED FISCAL YEAR 2023-2024 OPERATING BUDGET WITH PROPOSED REVENUES IN THE AMOUNT OF $5,614,495 AND TOTAL PROPOSED EXPENDITURES OF $5,614,495, WHICH WILL BALANCE THE RHA BUDGET

WHEREAS, the Richmond Housing Authority (RHA) is a public entity chartered by the City of Richmond, California, as a separate legal entity under the provisions of the U.S. Housing Act of 1937; and

WHEREAS, RHA’s programs are funded by the federal government, subject to the rules and guidelines of the United States Department of Housing and Urban Development (HUD); and

WHEREAS, RHA’s mission is to provide decent, safe and sanitary affordable housing and coordinate supportive services for low-income residents and program participants of the City of Richmond; and

WHEREAS, RHA administers the Low Rent Public Housing Program, and administers the Capital Fund Grant Program to fund rehabilitation activity on its existing public housing stock; and

WHEREAS, the RHA’s main goals and objectives for FY 2023-2024, in addition to the administration of its core public housing programs, will be to continue the repositioning of RHA assets .

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE

HOUSING AUTHORITY OF THE CITY OF RICHMOND AND THE MEMBERS OF

THE RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, THAT: the amended FY 2023-2024 operating budget for the Richmond Housing Authority in the amount of $5,614,495 in estimated revenues, and with total proposed expenditures of $5,614,495, which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget is hereby adopted.

BE IT FURTHER RESOLVED THAT t he Executive Director and City Manager are authorized to take all actions necessary to implement the foregoing resolution.

*******************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond and the Richmond Housing Board of Commissioners at a joint meeting thereof held on April 16, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson

[SEAL]

ATTEST:
20 Reso. No.

Page 2 of 2 ends

Secretary
Approved as to form:

Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted at a joint City Council and Housing Authority Meeting held on April 16, 2024.

CLERK OF THE HOUSING AUTHORITY

21 4201 4401 4404 4405 4406 4407 4408 4501
CHARACTER ACCOUNT Capital Fund Hacienda Nevin Plaza Nystrom Village Richmond
Village I
Richmond
Village II
Richmond
Village III
Central Office
Cost Center
(COCC)
Total 23-24 Mid-
Year Budget
34 LICENSES,PRMITS&FEES - -
36 USE OF MONEY&PROPRTY - - - 38 OTHER REVENUE - 36,800.00 36,800.00 39 RENTAL INCOME 277,868.00 277,868.00
3B INTERGOV FED GRANT 1,458,433.00 555,995.00 507,132.00 237,830.50 151,403.00 106,096.50 3,016,890.00 60 PROC FR SLE PROP 57,000.00 57,000.00
90 OPER XFERS IN (from Nevin Subsidy) 454,404.00 454,404.00 90 OPER XFERS IN (from Capital Fund) 364,608.00 145,843.00 510,451.00 90 OPER XFERS IN (from General Fund) 122,262.00 1,138,820.00 1,261,082.00 1,458,433.00 57,000.00 555,995.00 1,763,074.00 237,830.50 151,403.00 106,096.50 1,284,663.00 5,614,495.00 40 SALARIES AND WAGES 10,000.00 21,672.00 477,060.00 7,473.00 23,918.00 540,123.00 41 PYRLL/FRINGE BENEFIT 5,000.00 10,669.00 369,250.00 3,496.00 61,137.00 449,552.00 42 PROF & ADMIN 219,250.00 56,950.00 283,060.00 1,138,820.00 1,698,080.00 43 OTHER OPERATING 170,000.00 5,000.00 2,300.00 172,595.00 - - 349,895.00 44 UTILITIES 1,000.00 10,000.00 195,600.00 - 206,600.00 45 EQPT & CONTRACT SVCS 105,252.00 36,000.00 - 167,240.00 308,492.00 46 PROVISN FOR INS LOSS 35,860.00 35,860.00
47 COST POOL - 62,409.00 60,788.00 123,197.00 48 ASSET/CAPITAL OUTLAY 125,000.00 125,000.00
50 GRANT EXPENDITURES 328,480.00 226,861.50 151,403.00 106,096.50 812,841.00 91 OPER XFERS OUT 510,451.00 454,404.00 964,855.00 1,458,433.00 57,000.00 555,995.00 1,763,074.00 237,830.50 151,403.00 106,096.50 1,284,663.00 5,614,495.00 - - - - - - - - - Net Surplus/(Deficit) Richmond Housing Authority
FY23-24 Mid-Year Budget
Revenue
Total Revenue
Expenses
Total Expenses
22 Richmond Housing Authority
FY23-24 Position Control - Mid Year
Position Filled/Vacant # FTE
ADMINISTRATIVE AIDE Filled 1
RESIDENT HOUSING MANAGER Filled 1
BLDG MAINTENANCE SUPERVISOR Filled 1
SENIOR PROPERTY MANAGER Filled 1
EXECUTIVE DIRECTOR HOUSING AUTHORITY Filled 1
Total FTE Positions 5
23

Page 1 of 2 ends

April 16, 2024

City Attorney's Office

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Sharrone Taylor, Director of Human Resources
Subject: Second Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore for Labor and
Employment Issues
FINANCIAL IMPACT: This contract amendment with Liebert Cassidy Whitmore (Liebert) will be for $750,000 with a total amount not to exceed $1,165,000 with term ending June 30, 2026. A
portion of the Liebert contract totaling $582,500 will be paid from the Risk Management General Liability Fund
(50182316-400206). The remaining $582,500 of the
Liebert contract will be paid out of Human Resources
Department fund (01181016-400206).

PREVIOUS COUNCIL
ACTION:

Legal Services Agreements and amendments have been
approved as noted in the initial agreements and
amendments. The original contract was approved on
November 1, 2022 for $165,000, and a first amendment
was approved on June 20, 2023 for $250,000.

STATEMENT OF THE
ISSUE:

The law firm of Liebert Cassidy Whitmore (Liebert) has
provided ongoing legal support in labor relations and
police personnel matters. The City Attorney’s Office is requesting City Council to approve an amended legal
services agreement in the amount of $750,000 to allow
the City to use Liebert to assist the City in labor
negotiations.

AGENDA
REPORT
24

Page 2 of 2 ends

April 16, 2024
RECOMMENDED ACTION:

APPROVE a second amendment to the legal services
agreement with Liebert Cassidy Whitmore to extend the
time to June 30, 2026, and increase the compensation by $750,000, for an amount not to exceed $1,165,000 – City Attorney’s Office (Dave Aleshire 510-620-6509/Shannon
Moore 510-620-6505).

DISCUSSION:

There is a need to amend the existing legal services agreement with Liebert Cassidy Whitmore to add monies in preparation for labor negotiations due to start at the end of this year and to receive legal consultation regarding labor negotiations for all the City's bargaining groups that have Memorandums of Understanding that expire next year.

Additionally, the firm provides legal advice on various employment law matters, meet and confer obligations, legal support, representation in sworn and non-sworn personnel matters, and training for the City's Management Leadership Academy. There are ongoing negotiations and legal needs that require additional funding. The Human Resources Department requests this amendment to the legal services agreement to cover anticipated expenditures. Rates for Liebert Cassidy Whitmore partners are $435.00 per hour, Senior Counsel rates are $365 per hour, Associates are $260.00 - $345 per hour, and paralegals are $145 per hour.

Liebert Cassidy Whitmore is a law firm with several offices throughout California that exclusively provide legal services to public sector agencies. Liebert Cassidy Whitmore has a consortium that offers management training at a reduced cost to the City of Richmond. The services provided by Liebert Cassidy Whitmore have been extremely beneficial to the City and performed in a very satisfactory manner. Further, continuing the working relationship with Liebert Cassidy Whitmore will provide stability in negotiations and employment law issues, and it would be detrimental to the City's interests to change law firms at this juncture.

The Human Resources Department and the City Attorney’s Office request approval of this second amendment to the legal services agreement with Liebert Cassidy Whitmore increasing the compensation by an amount not to exceed $750,000 for a total not to exceed contract limit of $1,165,000 and extending the term to June 30, 2026.

DOCUMENTS ATTACHED:

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

25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

THE CITY OF RICHMOND
AND

LIEBERT CASSIDY WHITMORE

This First A mendment to the A greement for L egal Services between the City of Richmond (“City”) and LIEBERT CA SSIDY WHITMORE (“Special Co unsel”) (the “First Amendment”) is entered into as of June 20, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities; and

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

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Two Hundred Fifty Thousand Dollars ($250,000); and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to extend the term of the agreement to June 30, 2024; and

WHEREAS, the City and Special Counsel now desire for Special Counsel to include Lisa Charbonneau in its representation of the City; and

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

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

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

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

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

DocuSign Envelope ID: 4CBF659B-98A1-4A37-BF6F-CA53FEFBE96F DocuSign Envelope ID: 265B809D-93B2-4ACA-BA6F-5E2EC8D2025E 48 First Amendment to Agreement for Legal Services A-2

IN WITNESS WHEREOF , the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.

CITY OF RICHMOND LIEBERT CASSIDY WHITMORE

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
/City Manager
DocuSign Envelope ID: 4CBF659B-98A1-4A37-BF6F-CA53FEFBE96F Managing Partner
DocuSign Envelope ID: 265B809D-93B2-4ACA-BA6F-5E2EC8D2025E 49 First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall provide legal advice to the City on an as-needed basis regarding labor and employment issues, represent the City in personnel disciplinary matters, and act as the City's chief negotiator in negotiations with the City's represented employee bargaining units. In addition, Special Counsel shall provide training programs for City employees.

City of Richmond Contact Attorney: Shannon Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates:

PARTNERS $435.00
SENIOR COUNSEL $365.00
ASSOCIATES $260.00 - $345.00
LABOR RELATIONS/ $280.00

HUMAN RESOURCES

CONSULTANT
PARALEGALS $145.00
E-DISCOVERY SPECIALISTS $145.00
LAW CLERKS $145.00 - $185.00

COMPENSATION

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Four Hundred Fifteen Thousand Dollars ($415,000) for attorneys’ fees and reimbursements.

DocuSign Envelope ID: 4CBF659B-98A1-4A37-BF6F-CA53FEFBE96F DocuSign Envelope ID: 265B809D-93B2-4ACA-BA6F-5E2EC8D2025E 50 Second Amendment to LSA--Labor
DocID #15172v1
A-1

SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BY AND BETWEEN

THE CITY OF RICHMOND
AND

LIEBERT CASSIDY WHITMORE

This Second A mendment to the Agreement for Legal Services between the City of Richmond (“City”) and LIEBERT CASSIDY WHITMORE (“Special Coun sel”) (the “Second Amendment”) is entered into as of April 16, 2024, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on July 1, 2022 for an amount not to exceed $165,000 and term ending June 30, 2023; and

WHEREAS, the City and Special Counsel entered into a First Amendment to the Original Agreement to extend the term to June 30, 2024 and to increase the compensation by $250,000, on June 20, 2023; and

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

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Seven Hundred Fifty Thousand Dollars ($750,000) and extend the term to June 30, 2026; and

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

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

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

2. Effect of Second Amendment. Except as provided in this Second Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Second Amendment increases the compensation limit by Seven Hundred Fifty Thousand Dollars ($750,000) and extend the term to June 30, 2026.

51 Second Amendment to LSA--Labor
DocID #15172v1
A-2

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

IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written above.

CITY OF RICHMOND LIEBERT CASSIDY WHITMORE

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
52 Second Amendment to LSA--Labor
DocID #15172v1
A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

City of Richmond Contact Attorney: Shannon Moore, Chief Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates:

PARTNERS $435.00
SENIOR COUNSEL $365.00
ASSOCIATES $260.00 - $345.00
LABOR RELATIONS/ $280.00

HUMAN RESOURCES

CONSULTANT
PARALEGALS $145.00
E-DISCOVERY SPECIALISTS $145.00
LAW CLERKS $145.00 - $185.00

COMPENSATION

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million One Hundred Sixty-Five Thousand Dollars ($1,165,000) for attorneys’ fees and reimbursements.

53 cc5Mar2024 – sl/prc

Page 1 of 9 ends

RICHMOND, CALIFORNIA, March 5, 2024

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

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

B. ROLL CALL

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

Absent: None.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.2 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Clerk
 Title: City Attorney
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Hanlees Hilltop Buick et al. v. City of Richmond
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Rauly Butler gave comments via teleconference. Mr. Butler announced the retirement of the former Council of Industries Executive Director, Katrinka Ruk, and introduced himself as her successor.

E. ADJOURN TO CLOSED SESSION
The council adjourned to the Closed Session at 4:35 p.m. Closed Session adjourned at 6:31 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:36 p.m. by Mayor Martinez.

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

54 cc5Mar2024 – sl/prc

Page 2 of 9 ends

H. ROLL CALL

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

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item O.2.a (Baha'i proclamation) was continued to the March 26, 2024, City Council meeting.

Item O.3.b (Equitable Public Land Disposition Policy) was continued to the March 19, 2024, City Council meeting.

A correction was made to Item O.3.a (Way2Love, Inc. contract amendment), Attachment 3 on page 6, Exhibit B, where the program budget showed a date of June 20, 3024, changed to 2024.

A correction was made to Item O.7.a (preliminary engineer agreement), where BNSF was listed as Burlingame North Santa Fe, changed to Burlington Northern Santa Fe.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
A correction was made to Item C.1 where "initiation of litigation" was changed to "significant exposure to litigation".

City Attorney Dave Aleshire reported the following:

Item C.1 (significant exposure to litigation), a report was given and no reportable action was taken.

Item C.2 (employee performance evaluations), the city clerk's evaluation was not discussed. The city attorney's evaluation was discussed and no reportable action was taken.

Item C.3 (existing litigation), a status report was given and no reportable action was taken.

L. REPORT FROM THE CITY MANAGER (public comment was allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following: city staff and community recognitions for hosting the Accessory Dwelling Unit Workshop held on February 28, 2024, and former Mayor Irma Anderson's Celebration of Life held on February 29, 2024; Richmond Rising Collaborative Stakeholder Committee Meeting scheduled for March 6, 2024; Community Development Workshop scheduled for March 14, 2024; Floating Egg Hunt scheduled for March 16, 2024; and Help Shape the Future of Your Community Workshop scheduled for March 18, 2024.

L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Director of Human Resources Sharrone Taylor presented a PowerPoint that highlighted new hires in the following departments/divisions: Water Resource Recovery; Police; Planning; Employment and Training; and Recreation.

55 cc5Mar2024 – sl/prc

Page 3 of 9 ends

M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments were allowed under Open Forum) Councilmember Zepeda reported attendance to the following events: meeting with Mayor Martinez led by Assemblymember Mike Gipson regarding the Richmond Port; Fire Department Badge Pinning Ceremony held on March 1, 2024; media event to keep the Berkeley Alta Bates Hospital open; former Mayor Irma Anderson's Celebration of Life held on February 29, 2024; and the League of California Cities meeting to discuss local government activities and future legislation. Councilmember Zepeda reminded the community that the opportunity to vote in the March 5, 2024, Presidential Primary Election was coming to a close and a ballot drop box was available at City Hall.

Councilmember Bana acknowledged the Fire Department for personnel promotions and the Public Works Department for collaborating with the West Contra Costa Fire Safe Council, which resulted in $400,000 in wildfire mitigation for the city. Councilmember Bana reported that she met with Pacific Gas and Electric's government representative and shared concerns. Councilmember Bana announced that the Richmond Task Force to Eliminate Gender-Based Violence started working with collaboration from the Richmond Latina Center, Contra Costa Family Justice Center, Office of Assemblymember Buffy Wicks, and the Richmond Chief of Police. The task force's first meeting was scheduled for March 28, 2024. Councilmember Bana announced "Happy Solar New Year" celebrated on March 19, 2024.

Councilmember McLaughlin reported that the Marina Bay Farmers Market was scheduled to launch on March 24, 2024, and discussions were underway to relocate the Barrett Avenue Farmers Market back to the Richmond Main Library parking lot.

Councilmember McLaughlin announced the following events: Sisters in Solidarity scheduled for March 16, 2024, at the LaV onya DeJean Middle School; and the Literacy Festival scheduled for April 13, 2024, at the Richmond Memorial Auditorium.

Councilmember Willis reported that he attended the Iron Triangle Black History Month event and encouraged the community to watch the Netflix documentary, "Stamped from the Beginning". Councilmember Willis also advised that parking enforcement was in effect on 23rd Street addressing business owners concerns; however, parking over the weekends remained an issue. Councilmember Willis reported that he attended the Racial Justice Oversight Body meeting and inquired if a Richmond Police Department representative was available to engage with the body.

Vice Mayor Jimenez acknowledged the Richmond United Soccer Club for its Flamingo Fundraiser. Vice Mayor Jimenez reported attendance to the following events: Celebration of Life for former Mayor Anderson; Local Artists of Richmond Celebration for the council's $250,000 allocation for art corridors; and the kickoff for Little League.

Mayor Martinez acknowledged the council for its around-the-clock service to the community. Mayor Martinez reported that his office donated $500 to the Richmond United Soccer Club's Flamingo Fundraiser, and encouraged other councilmembers interested in donating to contact the Mayor's Office.

56 cc5Mar2024 – sl/prc

Page 4 of 9 ends

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

Rick Perez advised that Assembly Bill 3021 was being introduced to require law enforcement and others to immediately identify themselves and state their purpose when notifying family members of a deceased loved one.

Patricia Perez gave comments regarding the police shooting of her grandson, Pedie Perez, and the officer involved.

Mark Wassberg shared his experience registering to vote. Mr. Wassberg gave comments regarding voter rights and political preference.

Nana Johnson acknowledged the council for the opportunity to enroll in an unhoused emergency assistance program. Mr. Johnson expressed concerns that some of his unhoused friends were not given the same opportunity. Mr. Johnson stated the importance of access to public restrooms.

Sue Dean-McGilpin stated that the Hilltop Green residential area needed an emergency egress. Ms. Dean-McGilpin advised that the more than 500 residences were at severe risk of danger due to the neighborhood's single point of entry and exit.

Sidimohammed and Saiid Mbarki stated that stop signs were needed at the intersections of Lassen/Clinton and Esmond/Kern streets. Both individuals urged the council to expedite the installation of the stop signs before a serious incident happened.

Aleta Toure' gave comments regarding Assembly Bill 3121 establishing a task force to study and develop reparation proposals for African Americans. Ms. Toure' advised that her organization was awaiting a meeting with the mayor. Ms. Toure expressed concerns regarding toxic waste near the Parchester Village neighborhood.

Jamin Pursell acknowledged the council for the planned street resurfacing near his home.

Mr. Pursell gave comments against negativity during election season and commended the council for their positive election campaigns. Mr. Pursell advised that the neighborhood councils in the May Valley area were having difficulty with the loss of members and no chairs at the fire substation meeting location. Mr. Pursell requested the council's support.

Valerie Jameson, James Huynh, and Ashley Zermeno gave comments in support of Item O.3.b (Equitable Public Land Disposition Policy). Ms. Jameson commended Kaitlyn Quackenbush, a Partnership for the Bay's Future housing fellow. Ms. Jameson urged the council not to delay Item O.3.b considering the importance of equity.

Evelyn Santos gave comments via teleconference regarding the state of the Richmond Museum of History. Ms. Santos advised there were issues with water intrusion, heating, ventilation, air conditioning, and the flooring. Ms. Santos estimated the repairs were a little over $50,000. Ms. Santos requested a formal meeting with the city to work together to preserve the museum.

57 cc5Mar2024 – sl/prc

Page 5 of 9 ends

O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. These items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Willis
Seconded by Councilmember Zepeda
To approve all items on the Consent Calendar except items O.2.a (Baha'i proclamation) and O.3.b (Equitable Public Land Disposition Policy).

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

O.1 City Clerk's Office
O.1.a City Council Meeting Minutes
APPROVE the minutes of the February 6, 2024, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

O.2 City Council
O.2.a Proclamation honoring the Baha’i’s steadfast commitment to defend freedom of thought, human rights and religion.

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

Continued to the March 26, 2024, City Council meeting.

O.3 Community Development
O.3.a Way2Love, Inc. Contract Amendment No. 3
APPROVE a contract amendment No. 3 with Way2Love, Inc., to increase the contract amount by $709,422, for a total contract amount not to exceed $3,728,965.26, to add sheltering resources, for the City’s Encampment Resolution Funding Round 2 (ERF-R-2) project, for a term through June 30, 2025, to be funded by the City’s ERF-R-2 award – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

APPROVED WITH CORRECTION: Attachment 3, page six, Exhibit B Program Budget showed a date of June 20, 3024, was changed to 2024.

O.3.b Equitable Public Land Disposition Policy
ADOPT a resolution establishing the Equitable Public Land Disposition Policy - Community Development Department (Lina Velasco/Kaitlyn Quackenbush 510-620-6841).

Continued to the March 19, 2024, City Council meeting.

58 cc5Mar2024 – sl/prc

Page 6 of 9 ends

O.4 Fire Department
O.4.a Standing Purchase Order with LN Curtis & Sons to Purchase Firefighting Tools, Equipment, Personal Protective Equipment, and Safety Supplies APPROVE a standing purchase order with LN Curtis & Sons, using the Master Price Agreement publicly solicited by National Purchasing Partners, Government Division, to purchase firefighting tools and equipment, personal protective equipment, and safety supplies, in an amount not to exceed $750,000, for a term ending March 18, 2026, with a two-year extension option not to exceed an additional $750,000 for the extended term - Fire Department (Chief Michael E. Smith 510-307- 8041/Aaron Osorio 510-307-8021).

O.5 Library and Community Services
O.5.a Approval to Accept and Appropriate a $300,000 Grant Award from the U.S. Department of Justice Byrne Discretionary Community Project ADOPT a resolution to ACCEPT and APPROPRIATE a $300,000 grant award from the U.S. Department of Justice Byrne Community Project for the Office of Neighborhood Safety Operation Peacemaker Fellowship program – Community Services Department (LaShonda White 510-620- 6828/Sam Vaughn 510-620-5404).

Adopted Resolution No. 13-24
O.6 Mayor's Office
O.6.a Proclamation Declaring March 10th, 2024, as Tibetan Uprising Day in the City of Richmond
PROCLAMATION recognizing March 10, 2024, as Tibetan Uprising Day in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

O.7 Public Works
O.7.a Richmond Communities Clean Collaborative – 7th Street Bike Lane Project BNSF Preliminary Engineer Agreement
ADOPT a resolution authorizing the Public Works Director and the City Engineer to execute a Burlingame North Burlington Northern Santa Fe (BNSF) Preliminary Engineer Agreement for the Richmond Communities Clean Collaborative – 7th Street Bike Lane Project – Public Works Department (Robert Armijo 510-620-5477/ Ken Cheng 510-621-1612).

APPROVED WITH CORRECTION: BNSF as Burlingame North
Santa Fe, was changed to Burlington Northern Santa Fe.

Adopted Resolution No. 14-24
O.7.b Second Contract Amendment with Fehr & Peers for On-Call Design Services
ADOPT a resolution approving a second contract amendment with Fehr & Peers in the amount of $450,000, for a new total not-to exceed amount of $900,000, to continue providing on-call professional design services for a variety of capital projects – Public Works Department (Daniel Chavarria 510-620-5478/Josef Munoz 510-620-6671). This item was continued from the February 27, 2024, meeting.

Adopted Resolution No. 15-24
59 cc5Mar2024 – sl/prc

Page 7 of 9 ends

P. BUDGET SESSION
P.1 Mid-Year Report on Fiscal Year (FY) 2023-24 Operating and Capital Improvement Budgets
RECEIVE the Fiscal Year 2023-24 Mid-Year budget presentation and report for the period of July 1, 2023, through December 31, 2023; and PROVIDE direction to staff; and ADOPT a Resolution to APPROPRIATE the Fiscal Year 2023-24 Mid-Year budget adjustments – Finance Department (Shasa Curl 510-620-6512 Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077). This item was continued from the February 27, 2024, meeting.

City Manager Shasa Curl introduced the matter. Ms. Curl, Director of Finance Andrea Miller, and Accounting Manager Antonio Banuelos presented a PowerPoint that highlighted the following: United States economy; Richmond unemployment rate; General Fund 10-year inflation-adjusted revenue and expenditures; available funding and recommendation; unspent funds; revenue and expenditure adjustments and assumptions; and proposed positions. Director of Public Works Daniel Chavarria and Infrastructure Administrator Mark Lightner presented a Capital Improvement Projects (CIP) Dashboard website demonstration; CIP immediate funding needs; and unfunded projects. Capital Projects Manager Josef Munoz presented the traffic calming (18) locations project update. Deputy Director of Finance Mubeen Qader presented non-General Fund revenue and expenditures; and next steps. Discussion ensued. The council requested the following: future updates on the status of the traffic calming (18) locations project; consider adding to the CIP Dashboard website the capability for residents to report public works issues; traffic collisions data; list of the 300+ public works projects sorted by neighborhood councils and districts at a future budget session; display on the CIP Dashboard website the General Fund allocation and other funding sources for each project; list of projects with funding gaps before the adoption of the next fiscal year budget; provide a breakdown of projects categorized by "new" and "ongoing maintenance" with the general extent of each project; consider the use of goats to maintain overgrown hillsides; detail for the proposed $29,798,126 General Fund operations transfers out; focus more on public safety, traffic safety, and hazard mitigation; and project timelines with percentages of completion.

Motion by Councilmember Robinson
Seconded by Vice Mayor Jimenez
To approve the total amount for General Fund and non-General Fund on Attachment #4, $9,773,748 (General Fund) and $4,735,346 (non-General Fund); Fire Station 63 allocation for $300,000; two closed out projects (Nevin Avenue and 37th Street Improvement Project) for $50,000 each for $400,000 of the request; remaining would be set aside for staff to return in April 2024 with a prioritized project list categorized by legal compliance, grant deadline, any kind of grant or funding limitation, health and safety, and quality of life including a portion that was quality of life improvement projects that the community could benefit from; and direct staff to return in May 2024 with an accountability measure proposal process.

A friendly amendment made by Councilmember Bana to prioritize public safety was clarified as an inclusion with the main motion as "health and safety".

A friendly amendment made by Councilmember Zepeda to add a $50,00 allocation for CIP management software was withdrawn.
60 cc5Mar2024 – sl/prc

Page 8 of 9 ends

Ayes (7): Councilmember Bana, Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez
Passed (7 to 0)
Adopted Resolution No. 16-24
Q. PUBLIC HEARINGS
Q.1 Brickyard Cove Residential Project Appeal
HOLD a Public Hearing; and ADOPT a Resolution granting the appeal and setting aside the Density Bonus Waivers, Major Design Review, and Vesting Tentative Map (PLN21-444) granted by the Planning Commission for the Brickyard Cove Residential Project as the application for the entitlements has since been withdrawn by the Applicant – Community Development Department (Lina Velasco 510-620-6841).

City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing. Director of Community Development Lina Velasco presented a PowerPoint that highlighted the following: project overview; renderings; background; and appeal and withdrawal of application. (At 10:58 p.m. - a motion by Councilmember McLaughlin, seconded by Councilmember Willis, to extend the meeting to complete Item Q.1, passed by the unanimous vote of the City Council).

Mayor Martinez declared the public hearing opened. Jeff Vines gave comments via teleconference. Mayor Martinez closed the hearing.

Motion by Councilmember McLaughlin
Seconded by Councilmember Willis
To approve said resolution and grant the appeal.

Ayes (7): Councilmember Bana, Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez
Passed (7 to 0)
Adopted Resolution No. 17-24
R. NEW BUSINESS
R.1 Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the Corresponding Rates
INTRODUCE an ordinance (first reading) amending Chapter 7.04.103 of the Richmond Municipal Code by creating a new Business Activity Classification, Class P – Wholesale, and the corresponding rates – Finance Department (Nickie Mastay/Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741). This item was continued from the February 27, 2024, meeting.

Continued to the March 19, 2024, City Council meeting.

61 cc5Mar2024 – sl/prc

Page 9 of 9 ends

R.2 Proposed Developer Impact Fees Adjustments for a Revised Master Fee Schedule
RECEIVE a presentation from the Finance Department and Willdan Financial Services on the proposed updates to the Developer Impact Fees in the Master Fee Schedule – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741).

Continued to the March 19, 2024, City Council meeting.

R.3 Richmond Parks Assessment of Soccer Fields
RECEIVE a presentation on the draft Soccer Field and Park Amenities Assessment prepared by CSW|ST2 – Public Works (Daniel Chavarria/Tawfic Halaby 510-620-5482).

Continued to the March 19, 2024, City Council meeting.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:01 p.m., to meet again on March 19, 2024, at 6:30 p.m.

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

Page 1 of 3 ends

April 16, 2024

Economic Development
Port Division

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Charles Gerard, Port Director
Nannette Beacham, Economic Development Director
Lizeht Zepeda, Senior Business Assistance Officer

Subject:

Authorization to Apply for Environmental Protection
Agency Grants
FINANCIAL IMPACT: There is no fiscal impact related to the adoption of this Resolution; however, if grant funds are awarded, it would positively affect the Port Fund.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff members are seeking City Council authorization to submit grant applications to the United States
Environmental Protection Agency (EPA) – for any and all grants for which the Port of Richmond is eligible, and if any grants are awarded to Accept and Appropriate into
the budget.

RECOMMENDED ACTION:

ADOPT a resolution AUTHORIZING the city manager or
their designee to submit grant applications for any and all United States Environmental Protection Agency grants
for which the Port of Richmond is eligible, and to execute all necessary and related agreements; and to ACCEPT
and APPROPRIATE grant awards into the Port Fund –
Economic Development Department (Charles
Gerard/Nannette Beacham/Lizeht Zepeda/510-215-
4600).

AGENDA
REPORT
63

Page 2 of 3 ends

April 16, 2024

DISCUSSION:

The Inflation Reduction Act of 2022 provided the United States Environmental Protection Agency (EPA) with three billion dollars to fund zero-emission port equipment and infrastructure as well as climate and air quality planning at U.S. ports. The program will build on EPA’s Ports Initiative that helps ports, a critical part of our infrastructure and supply chain, address public health and environmental impacts on surrounding communities.

On February 28, 2024, EPA announced two separate Notices of Funding Opportunities (NOFO) to disburse the allocated three billion dollars, the Zero-Emission Technology Deployment Competition and the Climate and Air Quality Planning Competition. The two NOFOs will be used to fund approximately $2.8 billion in zero-emission technology deployment at ports, as well as approximately $150 million for climate and air quality planning.

Both NOFOs have a deadline of May 28, 2024. EPA anticipates notifying selectees by September 2024 and awarding the grants by December 2024.

Clean Ports Program goals:

 Build a foundation for the port sector to transition over time to fully zero- emissions operations, positioning ports to serve as a catalyst for transformational change across the freight sector.
 Reduce diesel pollution (criteria pollutants, GHGs, and air toxics) in near-port communities.
 Help ensure that meaningful community engagement and emissions reduction planning are port industry standard practices.

On Thursday, March 28, 2024, Port staff submitted a notice of intent to apply. The Port is interested in applying for the Inflation Reduction Act Clean Ports Program: Zero- Emission Technology Deployment Competition.

The Zero-Emission Technology Deployment Competition will fund zero-emission port equipment and infrastructure to reduce mobile source emissions (criteria pollutants, air toxics, and/or greenhouse gases) at U.S. ports, delivering cleaner air for communities across the country.

The Port of Richmond encompasses five (5) City-owned and nine (9) privately-owned terminals that operate dry bulk, break-bulk, and automobile processing facilities called RORO for roll-on, roll-off. California Air Resources Board’s (CARB) State Implementation Plan, AB 617, California Climate Change Scoping Plan, Mobile Source Strategy, and California Sustainable Freight Action Plan (Executive Order B-32-15) include commitments to evaluate the existing 2007 At-Berth Regulation for opportunities to further reduce emissions from vessels. These actions include developing a new At- 64

Page 3 of 3 ends

April 16, 2024
Berth Regulation to achieve further emission reductions by including smaller fleets, additional vessel types (such as roll-on/roll-off vehicle carriers and tankers), and additional operations.

The Port is working to implement emissions controls as required by January 1, 2025, for roll-on/roll-off (RORO) vessels. This regulation requires that all ships at berth connect to shore-based electrical equipment to power a vessel’s systems rather than operate onboard fossil fuel powered electrical generators. The Port is working to implement a shore power system at the Point Potrero Marin Terminal and Terminal 2. The Port has received one million dollars in grant funding from the Bay Area Air Quality Management District (BAAQMD) Volkswagen Mitigation Trust Fund Zero Emission Freight and Marine Program Grant Agreement. The funding is being used to design the upgrades to conductors and electrical equipment between the Point Potrero Marine Terminal and its substation along Cutting Boulevard. The Port has determined the budget to complete the shore power installation is about $7.1 million. Port staff is currently working with a grant writer to complete the project with additional grant funding.

With the 2025 deadline fast approaching, the Port is looking to leverage the application to the Zero Emission Technology Deployment Competition by purchasing an emission capture barge for the RORO operation. The barge will keep the Port in compliance with all state and federal mandates.

The EPA requires City Council authorization for each grant submittal, or a general resolution authorizing staff to submit applications. City staff members are seeking City Council authorization for the next five (5) years to submit grant applications for all grants offered by EPA for which the City is eligible (Attachment 1).

DOCUMENTS ATTACHED:

Attachment 1 – EPA Resolution to Apply for Grants
Attachment 2 – Notice of Intent to Apply for EPA Zero Emission Technology Deployment
Attachment 3 – Port Plan for Ocean-Going Vessels

65 DocID #17090v1
RESOLUTION NO. ______

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

CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ANY

AND ALL ENVIRONMENTAL PROTECTION AGENCY (EPA) GRANTS FOR

WHICH THE CITY OF RICHMOND IS ELIGIBLE AND AUTHORIZING THE

EXECUTION OF ALL NECESSARY AGREEMENTS
___________________________________________________________________________

WHEREAS, the Inflation Reduction Act of 2022 provides the United States Environmental Protection Agency (EPA) with $3 billion to fund zero-emission port equipment and infrastructure as well as climate and air quality planning at U.S. ports; and

WHEREAS, this new funding program will build on EPA’s Ports Initiative that helps our nation’s ports, a critical part of our infrastructure and supply chain, address public health and environmental impacts on surrounding communities; and

WHEREAS, on February 28, 2024, the EPA announced two separate Notices of Funding Opportunities (NOFO) to disburse the allocated $3 billion funds - the Zero-Emission Technology Deployment Competition AND the Climate and Air Quality Planning Competition. The two NOFOs will be used to fund approximately $2.8 billion in zero- emission technology deployment at ports, as well as approximately $150 million for climate and air quality planning; and

WHEREAS, Both NOFOs are open now, until the application deadline at 11:59 PM on May 28, 2024. EPA anticipates notifying selectees by September 2024 and awarding the grants by December 2024; and

WHEREAS, the City of Richmond (“City”) has a Grant Management Policy for Fiscal Year 2023-2024 established by the Finance Department (the “Policy”); and

WHEREAS, pursuant to Section 4(c) of the Policy, some grants may require City Council approval before the grant application is submitted; and

WHEREAS, City staff is in the process of consideration of, and preparation for, a grant application(s) to the EPA for the Zero-Emission Technology Deployment Competition. The purpose of the grant is to fund zero-emission port equipment and infrastructure to reduce mobile source emissions (criteria pollutants, air toxics, and/or greenhouse gases) at U.S. ports, delivering cleaner air for communities, like Richmond across the country.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond authorizes the submittal of application(s) to the EPA for all grants for which the applicant is eligible; and

BE IT FURTHER RESOLVED that the City Manager, or their designee is hereby authorized as Signature Authority and empowered to execute and amend as needed in the name of the City of Richmond all grant documents, including but not limited to, applications, 66 DocID #17090v1
agreements, amendments, and requests for payment, necessary to secure grant funds, implement the approved grant project and close-out the grant(s); and

BE IT FURTHER RESOLVED if awarded the grant it can be accepted and appropriated accordingly into the City’s budget; and

BE IT FURTHER RESOLVED that these authorizations are effective for City of Richmond Fiscal Years’ 2023-2024 through 2028-2029.

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

67 DocID #17090v1
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held April 16, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

68 Caution: This email originated from outside EPA, please exercise additional caution when deciding whether to open attachments or click on provided links.

From: cleanports
To: Lizeht Zepeda
Subject: RE: Notice of Intent to Apply: Zero-Emission Technology Deployment Date: Friday, March 29, 2024 8:46:15 AM
You don't often get email from [email protected]. Learn why this is important This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Dear Lizeht,

Thank you for your interest in the Inflation Reduction Act Clean Ports Program: Zero-Emission Technology Deployment Competition.

We have received your notice of Intent to Apply. Please note that this submission is non-binding.

To be considered for funding, you will also need to submit an application through Grants.gov and to
have a current registration in SAM.gov Please visit the “Application Process” section of the Clean Ports Program webpage for more detail on how to apply.

For additional information, please visit the Clean Ports Program webpage at https://www.epa.gov/ports-initiative/cleanports
, where you can find both NOFOs, a Questions and
Answers document, and additional resources. To receive updates on the Clean Ports Program and other information to help reduce diesel emissions at ports, we encourage you to sign up for EPA’s Ports Initiative newsletter.

Regards,

EPA Ports Initiative
epa.gov/ports-initiative
Subscribe to the Ports Initiative Newsletter

From: Lizeht Zepeda <[email protected]>
Sent: Friday, March 29, 2024 1:00 AM
To: cleanports <[email protected]>
Subject: Notice of Intent to Apply: Zero-Emission Technology Deployment

Name of the applicant: City of Richmond, CA, Port of Richmond, CA Estimated dollar amount of the anticipated funding request: $15M 69 The Port of Richmond, CA intends to apply for grant funding for the purpose of continuing the port's clean initiatives, with zero emission technology, the port will prioritize California mandates for Roro vessels to stay clean and not idle while docked at the Port of Richmond. Zero emission technology is needed for this effort.

Lizeht Zepeda
Senior Business Assistance Officer
Economic Development & Port Divisions
(510) 620-6653 office
(510) 685-4726 mobile
[email protected]

70 Port of Richmond
Port Plan for Ocean-Going Vessels

Richmond, California
March 1, 2024

Charles Gerard and Robert Stevens
Port Director/ Contract Port Engineer
1322 Canal Boulevard
Richmond, CA 94802

71 I am the Port of Richmond’s Responsible Official. This terminal plan was prepared under my supervision.

Charles Gerard 03.12.202 4
___________________________________________________ ________________ Signature Date

Charles Gerard
Port Director
City of Richmond, CA
Office: +1 510 620 6792
Mobile: +1 510 829 2253
Email. [email protected]

Submitted to: [email protected]

72 1

CONTENTS
INTRODUCTION .................................................................................................................................................................................................... 1 POINT POTRERO MARINE TERMINAL .......................................................................................................................................................... 2 TERMINAL 2 ............................................................................................................................................................................................................ 6 TERMINAL 3 ............................................................................................................................................................................................................ 7

FIGURES

Figure 1 – Point Potrero Marine Terminal
Figure 2 – PPMT Shore Power Service
Figure 3 – Cable Handling Equipment

73 1

INTRODUCTION
The Port of Richmond is a department of the City of
Richmond that operates dry bulk, liquid bulk, break-
bulk, and automobile processing facilities on the
City’s southern waterfront. The Port’s property
includes the Point Potrero Marine Terminal
(Shipyard Number 3) as well as Terminals 2, and 3.

The land use of Richmond’s southern waterfront
specifically along the Harbor Channel and Santa Fe
Channel are regulated by the City of Richmond’s
General Plan and Zoning Code in association with
Metropolitan Transportation Commission and the
Bay Conservation and Development Commission
(BCDC) the San Francisco Bay Area Seaport Plan as
Amended January 2012. BCDC reserves these areas
for Port Priority Use.

Areas with Port Priority Use have excellent access to
deep navigable water s as in 1996 Congress
authorized deepening of the Harbor and Santa Fe
channels from (-)35 to (-)38 feet at Mean Lower Low
Water allowing for large vessels to enter. In addition, the Port has s trong connectivity to both Union Pacific and the Burlington Northern Santa Fe railroads as well as roadways and interstates.

As described in the Seaport Plan, the Port of Richmond includes both the public and private terminals as Port Priority Use. The public terminals include the Point Potrero Marine Terminal as well as Terminals 2 and 3. There are nine other privately owned facilities along the Santa Fe Channel.

As required by the California Code of Regulations, terminal operators such as the Port of Richmond are required to submit a terminal plan that discusses how the terminal will comply with the requirements for ocean -going vessels to reduce oxides of nitrogen (NOx), reactive organic gases (ROG), particulate matter (PM), diesel particulate matter (DPM), and greenhouse gas (GHG) emissions from ocean-going vessels while docked at berth.

The Port is working to implement a shore power system at the Point Potrero Marin Terminal and Terminal 2.

However, it is also reviewing various emissions capture devices such as those provided by STAX Engineering.

Figure 1. The Port of Richmond as described in the
BCDC Sea Port Plan.

Port of Richmond
74 2

POINT POTRERO MARINE TERMINAL
Point Potrero Marine Terminal (PPMT) is the former Historic Shipyard Number 3 developed to construct Liberty and
Victory Ships during World War II. The facility is located at the end of Canal Boulevard as shown in Figure 1. Its current configuration is similar to as constructed for the war effort as the graving basins, wharf, and several buildings still exist .

PPMT has several tenants with most of the site occupied by Auto Warehousing Company (AWC).

AWC imports automobiles from Japan and China using the berth also known as piers 7 and 8 fronting the Harbor
Channel. Based upon data from AWC, they received the
following total number of ships over the last five years:

Year Total Number of
Vessels
2018 100
2019 92
2020 68
2021 52
2022 54
2023 73

The geographic location of the berth is at 37°54'26.76"N and 122°21'50.65"W.

The remaining tenants of the PPMT are marine construction and towing and do not export or import cargo.

The Port’s concept plan to provide shore power service is shown in Figure 2. This will include a dedicated cable management system to connect the vessel to shore power as shown in Figure 3 . AWC will reimburse the Port for the electricity used consistent with its current tariff.

Typical vessel that calls on PPMT about 1 to 2
times each week. Pictured here is the Dionne
Leader, which is almost 700 feet in length.
75 3

Figure 3. Proposed able management system.

Figure 2. Proposed shore power connection at PPMT.
76 4
To support funding of the improvements, in late July 2022, the Port received $1,003,250.00 in funding from the Bay Area Air Quality Management District (BAAQMD) from the Volkswagen Mitigation Trust Fund Zero Emission Freight and Marine Program Grant Agreem ent. In late 2022 and 2023, the Port issued two requests for proposals to complete the work. No vendors submitted. The Port contacted several vendors and found little interest in the project due to lack of available
shore power equipment.

Consistent with the City’s
procurement policy, the Port
contacted Rosendin Electric to
review options and develop a
proposal to complete the work.

In February 2024, the City
Council approved a contract with
Rosendin Electric to finalize the
design of the system and begin
construction if the Port could
acquire additional funding.

While coordinating with
Rosendin Electric, the Port
contacted Pacific Gas and Electric
(PG&E) to understand upgrades
required to support the shore
power system. The Port learned
that to support the project, PG&E
would need to make major
upgrades to conductors and
electrical equipment between
the Point Potrero Marine
Terminal and its substation along
Cutting Boulevard as shown in
Figure 4. The Port is currently
working with PG&E to refine the work and budget required to complete the upgrade to electrical service.

Figure 4. Proposed shore power connection at PPMT.
77 5
The Port has determined the budget to complete the shore power installation is about $7.1 million. Currently, there is a $6 million deficit to complete the work. The overall budget includes the following elements:

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

Assuming the Port can secure additional funding, it expects the shore power installation to be completed as follows:

Task Task Complete Notes
Detailed Design May 2024 Currently under contract
PG&E Coordination September 2024 Working to finalize contract Material Procurement and Construction February 2025 Budget available to begin acquiring materials but not complete construction.

PG&E Construction December 2025 Subject to PG&E
System Operational February 2026 Allow 2 months of testing

The Port is responsible for installing electrical equipment. AWC will operate and maintain the electrical equipment installed by the Port at PPMT.

78 6
TERMINAL 2
Terminal 2 is generally shown in Figure 1 and is located to the north of Terminal 3 on the east side of the Harbor Channel. The geographic location is 37°54'56.90"N
122°21'42.65"W. The berth length is about 650 feet.

The Port has leased this terminal to AAK (formerly
California Oils) since the 1990s. The key infrastructure is the berth that allows vessels to discharge liquid bulk cargo.

In the case of AAK, this is vegetable oil, which occurs about once per month. I

In general, one vessel per month calls Terminal 2 and stays at berth for a period of about one day. The following is a summary of vessels arriving at the terminal over the last several years.

Year Total Number of
Vessels
Quantity
Metric Tons
2018 12 84,437
2019 11 66,196
2020 12 80,220
2021 12 81,236
2022 16 88,800
2023 14 66,550

While we are working with AAK to determine the electrical load required by their vessels, we believe it to be about 2,000 KW of electrical power at berth to maintain the ship’s operations. The Port plans to construct a shore power service similar to the system shown in Figure 2. However, this system is more complex than PPMT as there is limited electrical infrastructure at the berth. The ultimate installation will include conductors that plug into the vessel and connect to the Port’s electrical system. The AAK will reimburse the Port for the electricity used consistent with it s current tariff.

Once funding is identified, the Port anticipates implementing the project over a two- year period that includes the following elements:

Item Duration
Detailed Design 3 months
PG&E Coordination 12 months
Bidding and Council Approval 2 months
Procurement of Materials and Construction 12 months
Typical vegetable oil vessel (Azalea Galaxy) that calls Terminal 2.
79 7

The Port is responsible for installing t he electrical equipment. A AK will operate and maintain the electrical equipment installed by the Port at Terminal 2.

TERMINAL 3
Terminal 3 is generally shown in Figure 1 and is located along Harbour Way South on the east side of the Harbor Channel. The geographic location of the facility is 37°54'47.55"N 122°21'41.49"W.

The total area is approximately 15 acres. There is an existing concrete wharf that is 1,000 linear feet in length and generally serves lay berthing of vessels.

The existing terminal has the capacity for shore power at 480V/400A services. The Port has leased this facility to Terminal 3 Partners who are responsible for management of vessels at the site. Vessels typically dock at the facility for periods of up to two weeks.

Terminal 3 Partners is responsible for installing and operating the electrical equipment at Terminal 3.

Terminal 3 had 480V/400A shore power
available for docked vessels.

The Port of Richmond’s Terminal 3 looking toward the west. 80

Page 1 of 3 ends

April 16, 2024

City Manager's Office

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Subject: Update on Cost Recovery and Revenue Enhancement FINANCIAL IMPACT: There is no financial impact from receiving this update

PREVIOUS COUNCIL
ACTION:

December 17, 2019; February 4, 2020; June 8, 2021;
May 3, 2022

STATEMENT OF THE
ISSUE:

City staff are providing an update to City Council and the community on progress to-date regarding cost recovery
and revenue enhancement efforts.

RECOMMENDED ACTION:

RECEIVE a written report on the City’s Cost Recovery
and Revenue Enhancement efforts - Finance Department
(Shasa Curl/Andrea Miller 510-620-6790/Mubeen Qader
510-412-2077/Antonio Banuelos 510-620-6741).

AGENDA
REPORT
81

Page 2 of 3 ends

April 16, 2024
DISCUSSION:

Background
On December 17, 2019, an item was included on the City Council agenda by the previous Mayor directing the City Manager to explore potential revenue enhancement and cost-recovery measures.

City staff reviewed past City Council meetings and documents to develop an initial list of 30 proposed revenue enhancement and cost recovery measures to explore and potentially implement. The list currently is comprised of recommendations from the City Council, Adopted Strategic Priorities, Management Partners 2021 recommendations, and The California Municipal Revenue Sources Handbook. The Revenue Enhancement and Cost Recovery tracking document was created to monitor research, progress, and results of the proposed measures (Attachment 1). The goal of the document is to support the City in becoming fiscally sustainable and healthy.

Revenue Enhancement and Cost Recovery Measures
As new strategies and opportunities become available, new measures have been added to the document. City staff have been making progress to complete and implement a number of the measures. Chart A outlines the current status breakdown.

Chart A: Status of Measures
Not at
this Time
Exploratory In-progress Implementing Complete TOTAL
Number of
Measures
5 8 20 2 3 38

Below are highlights of progress made since the previous presentation to City Council.  Refinanced 2005 B-1 and B-2 Pension Obligation Bonds and 2009 Civic Center Lease Revenue Bonds (SWAP bonds) to a fixed rate effective September 1, 2022.
 Incorporated the Solid Waste Collections Franchise Fee into the City’s annual budget.
 Collected $16.2 million from Measure U Business License Tax in FY2022-23, with an expected $13 million base going forward.
 City Council approved the settlement agreement with PG&E on May 2, 2023, and the initial payment of $200,000 was received.
 Received a $1 million grant for berth electrification at Point Potrero Marine Terminal (PPMT).
 Awarded over $11 million dollars to provide employment and training services to Richmond residents (Adult Works, Youth, Dislocated Works, English as Second Language, Youth with Disabilities and Construction Trades). 82

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April 16, 2024
 Received grants to support literacy services including adult literacy instruction, families for literacy services, and English as a Second Language services, totaling $195,200 through the Literacy for Every Adult Program (LEAP).

Overall, since the inception of our cost recovery and revenue enhancement efforts, staff have successfully completed three key measures, with 20 measures in progress.

Additionally, an extensive analysis of our cost recovery accounts over the past five years reveals a total net of $8,422,188 (Attachment 2). Positive net incomes were recorded in 2019, 2022, and 2023, while 2020 and 2021 saw negative net incomes.

Key contributors to our cost recovery efforts include licenses, permits, fees, and charges for services. In addition, grants received by the City provide vital support for essential City services. City staff are refining procedures to ensure timely grant reporting and monthly drawdowns from grantors.

Next Steps

City staff will continue to pursue feasible measures listed in the attached tracking document and incorporate additional input from City Council.

DOCUMENTS ATTACHED:

Attachment 1 – Cost Recovery and Revenue Enhancement Tracking Document Attachment 2 – Fund Analysis Cost Recovery Accounts

83 # Revenue Opportunity Description
Feasibility
(Yes, No, or Not
at this time-low
priority)
Short (6 months or less)
Medium ( 7 months-1.5 years)
Long (+1.5 year)
Implementation Time Frame Estimated Revenue Generation
Status
(IMPLEMENTING, In-progress,
Exploratory, Not at this Time) Next Steps
Projected Timeline (on-going or in progress
estimated END DATE)
Accomplishments
Lead Staff Member and Department* (City Attorney's office will advise all departments on legal requirements of various items)
1 I Heart Richmond Campaign/Solid Waste Collection
Franchise Fee -
General Fund Revenue
The City has a solid waste collection franchise agreement with the solid waste hauler, Republic Services. The agreement includes a payment to the city called a Franchise Fee. Yes Medium FY19-20 Actuals $750,148
FY 20-21 Actuals $1,521,153
FY 21-22 Actuals $1,591,281
FY 22-23 ~1,600,000
FY 23-24 ~1,700,000
*Restricted for initiatives to improve environmental quality.

COMPLETED *Continue to implement. Renegotiate Franchise Fee Amount in new solid waste agreement. Complete as of 1/1/2020 *Incorporated into City's budget annually. *LEAD: Samantha Carr - CMO Economic Development, Environmental and Health Initiatives
*Nannette Beacham - Economic Development Director
*James Atencio - City Attorney's Office
2 PG&E Franchise Fee -
General Fund
The City has had franchise agreements with PG&E since 1958 that renew on 20 year terms. Per the terms of the franchise agreement, one year before the 20-year renewal date in May of 2018, the City submitted a formal request to PG&E to adjust franchise fee to levels commensurate with other cities served by PG&E (Electricity from .5% to 2%, Gas from 1% to 2%).

PG&E ultimately did not agree with the City’s request, and submitted two responses. Per the terms of the franchise agreement, both parties have the right to request to enter arbitration to settle proposed changes in the franchise fee payments. To that end, PG&E has recommended that the parties utilize JAMS arbitration services. Yes Long Estimated $3.3M annually.
$800,000 on-time settlement. COMPLETED *Finance to update revenue spreadsheets. Complete as of 5/4/2023 *May 2, 2023- City council approved the settlement agreement with PG&E. *First $200,000 payment received from PG&E.
*November 22, 2023- CPUC approved electric and gas surcharge. *February 1, 2024- PG&E implemented surcharge.
*LEAD: Samantha Carr - CMO Economic Development, Environmental and Health Initiatives
*Antonio Banuelos - Internal Services, Finance
*Mubeen Qader - Internal Services, Finance
*Nannette Beacham - Economic Development Director
*Dave Aleshire - City Attorney's Office
3 Stormwater Fee -
Stormwater Fund
Description from 12/17/19 City Council Item: Last year, our stormwater account ran a $513,765 deficit. In 2017, SB 231 was signed by the governor, verifying that a stormwater fee is not subject to a Proposition 218 vote. However, SB 231 will likely be challenged as unconstitutional so cities are wary of relying on it until the threatened litigation is resolved.

Stormwater Fee increase would need to be approved by property owners following a mail-in ballot process. Yes Long City currently collects $1.8M in Stormwater fees, at a minimum, an additional $2.2M is needed to fully fund the Stormwater Fund. Exploratory *The WRR division is currently updating and finalizing the Storm Drain Master Plan to determine the capital cost of repair/replace the storm infrastructure. Subsequently, a study is necessary to determine what revenue is required to operate the storm water system and recommend a fee structure to pay for it, similar to the fee study recently completed for wastewater. Thereafter, the fee must be placed on ballot for the public to vote in order to adopt the fee increase. Finance will provide support to Department as needed. *WRR looking into option to put on November 2022 Ballot. In-progress *City has completed RFP. Needs to be reviewed by legal and posted to Bids Online. *The City would need to hire a consultant to conduct a comprehensive Fee Study, with an anticipated cost of approximately $100k, to determine the rate of increase that would fully fund the Stormwater program and which is also viable. *LEAD: Mary Phelps - Public Works
*Mubeen Qader - Internal Services, Finance
*James Atencio - City Attorney's Office
4 Maintenance Districts -
Special District Fund
Description from 12/17/19 City Council Item: Both Marina Bay and Hilltop have very successful landscape maintenance districts, and as a result, have street and park landscaping that is a significant improvement compared to the rest of Richmond. We could divide the rest of Richmond into landscape districts that would provide sufficient revenue to actually maintain that infrastructure.

Not at this time-
Low priority Long
Revenue generated will be commensurate with the district expenses and City share. Exploratory
*Retain a consultant to prepare a plan for location and operating costs of maintenance districts, at an estimated cost of $200k - $500k. Once approved by the City Council, follow the procedure to assess fees and conduct a protest vote. *One possibility is a city-wide district that includes everything but Hilltop and Marina Bay. *Finance will provide support to Department as needed. Not at this Time *Cost estimates for consultant and preliminary staff discussion has commenced. *LEAD: Daniel Chavarria - Public Works
*Mubeen Qader - Internal Services, Finance
*James Atencio - City Attorney's Office
5 Cost Recovery for Public Safety Responses Ordinance - General Fund
Work with the City Attorney's Office to establish an ordinance allowing public safety to recoup expenses related to response services for non-Richmond tax paying customers (e.g., vehicle accidents) and subrogation. Also, the ordinance shall allow for penalty/fee to be charged for Richmond tax paying residents engaged in illegal activity (e.g., DUI accidents, grow houses). Yes Medium
Annual revenue generation for illegal marijuana grows: $100,000 per year
Additional revenue generation unknown at this time.

Exploratory
*Work with the City Attorney's Office - in current consultation with City Attorney's office for exemplar policies/practices from other jurisdictions applicable to Richmond.
*Staff are compiling information from other police departments on how they conduct cost recovery and what they charge. Estimated revenue generated for DUI’s will be provided once the fees are understood. *Interim Chief Smith to follow-up with the Attorney's Office on the draft ordinance regarding cost recovery of vehicle accidents and DUIs. Consult with other Fire Departments on cost, data, how recovered, etc. In-progress and ongoing *City Council approved first reading of cost recovery ordinance on Oct. 20, 2020. Once the ordinance is finalized PD will be able to recover costs associated with illegal marijuana grows. Update 3/21/23 Police Department has to re-start the process of collecting data. The staff that were working on the project before are no longer with the department. Also, the PD no longer handles the Illegal Marijuana grows.

Update 2/8/24 - PD No longer dealing with Marijuana recovery. In regards to the DUI recovery costs, the City can develop an ordinance to recoup all costs associated with responding to DUI related incidents. We need direction as to whether or not the council wants to collect these types of fines.
*LEAD: Chief French - Richmond Police Department
*Laura Marquez - Internal Services, Human Resources
*Bruce Soublet - City Attorney's Office
6 Code Enforcement Fees -
General Fund
Description from 12/17/19 City Council Item: Code enforcement is supposed to be self-supporting, but it is not. We just allocated over $2 million from the FY 2018-19 year-end surplus to backfill a Code Enforcement negative balance.

Restructuring Code Enforcement fiscal management and fee structure could result in eliminating the negative balances. Yes Short ~$1-2 Million annually. In-progress *Explore potential fee increases for services to ensure a greater percentage of cost recovery. Fee study to be completed between May 2020 and March 2021.
*Prioritizing revenue enhancements in community development based on the amount of potential revenue enhancements. *Cost recovery for Code Enforcement in FY 19-20 was 47.5 percent. FY 20-21 goal to begin moving to 100 percent cost recovery over a term of approximately 2-3 years (60 percent in FY 20-21, 80 percent in FY 21-22, and 100 percent in FY 22-23). In-progress and ongoing *1 Code Enforcement Officer is now funded by Community Development Dept *Vacant building survey round 1 completed - additional buildings identified to register. Round 2 completed. *Staff is issuing Notice of Violations, Administrative Citations and facilitating Administrative Appeal Hearings for those vacant properties that were cited. Code Enforcement has issued 116 Administrative Citations, 4 Abatement Warrants and conducted 34 Administrative Hearings.
*In 2021 Code Enforcement issued 224 Administrative Citations and invoiced citations in the amount of $193,280; issued 16 cannabis business permits and collected cannabis fees in the amount of $152,300. Conducted 18 Administrative Hearings and issued 6 Abatement Warrants.
*In 2021 Code Enforcement issued 69 Vacant Structure Notices; 538 Notice of Violations and 311 Vehicle Abatement Notices. *Code Enforcement will be assisting with Rental Inspection Program enforcement of non-responsive and non-compliant landlords. *In 2022 to date, Code Enforcement has issued 233 Administrative Citations and invoiced citations in the amount of $146,908; collected $563,421.90 in cannabis fees and $53,616 in alcohol and tobacco fees. Issued 8 Abatement Warrants; held 12 Administrative Hearings; conducted 1,588 inspections; issued 553 Notice of Violations (94 vacant properties); and 167 Intent to Tow notices; (May 1, 2020 - April 30, 2022 Lien and Special Assessment) properties in the amount of $770,972.83 are scheduled for City Council approval on December 6, 2022. Code Enforcement will assist with rental inspection enforcement. Reimbursed a total of $328,109.75 in cost recovery of legal fees of which $62,600.82 reimbursed in 2022.
*Council approved unpaid Code Enforcement liens and special assessments in the amount of $629,203.45 will be levied with CCC Tax Assessor in fall 2023.
*LEAD: Eva Mann - Community Development, Code Enforcement Division *Maggie Choi - Community Development, Building Division *Shannon Moore - City Attorney's Office
7 Business License Enforcement -
General Fund
Description from 12/17/19 City Council Item: It is also widely agreed that a large number of businesses are operating without a business license (actually a tax). Enforcement is lax. This is especially problematic because entering a business license into the city’s database (eTRAKIT) is the gateway to putting the business and building on the city’s radar for other fees, such as fire inspections, grease trap inspections and rent control fees. We need to find a way to bring these businesses and buildings into the system for fees and taxes.

Description from 12/17/19 City Council Item: It is well known that a large number of cannabis-related businesses are operating without a license, are unregulated, and are not paying taxes and fees. We need to find a way to bring these businesses and buildings into the system for fees and taxes. (cannabis tax included in sales tax).

The Business License Division has been significantly understaffed for several years. The City is currently recruiting for the Business License Specialist position and it is expected that we will finally have two full time positions staffing the cashier window and processing business license. With renewed continuity, staff will be able follow up more quickly on any issues and follow up more diligently on delinquent accounts.

Conduct enforcement of business licenses, code enforcement for property owners of short-term rentals and businesses that are operating without a business license, and implement Measure U which includes levying of properties for unpaid business license tax. Yes Short ~$750,000 additional annually. In-progress as of 3/21/2023 *Find a way to tighten up enforcement. Use best practices from other cities. *Previously hired Business License Field Invwestigator who identified 130 businesses that paid $1.6 million in busdiness tax. That position has been changed to a Business License Field Investigator and collection duties will be split between the three specialists. *Working with IT and other departments in setting up replacement software used for permitting and business tax processing. Currently using TRAKiT which will be replaced by iMS with an estimated GO LIVE date of February 2025. *Recent inquiries by revealed that several addresses without business licenses appeared to be vacant, but the City is not enforcing RMC 6.38. The excuse is that staffing is insufficient, but RMC 6.38 allows a fee to pay for staffing. *Measure U, approved by the voters in November 2020, includes language that, when implemented, will help staff with the collection of unpaid business license tax including levying delinquent accounts. *Finalized five Administrative Rulings to help with the implementation of the Measure U Ordinance, but further analyzing deficiencies, incosistencies, and other grey areas in the Ordinance that might need to be adressed via additional Administratyive Rulings. *Research Public entity ownership of land in relation to Measure U. *Conduct regular site visits in high-traffic commercial areas to ensure compliance. *Engage Planning, Building, and other departments to ensure all businesses are complaint with business license. *Position has been reclassified from Business License Field Investigator to Business License Specialist which is currently vacant but recruitment should begin shortly.
*Contracted with BRI consultants to analyze audit gross receipts tax services and provide financial analysis as directed by the City.

In-progress and ongoing
*Hired:
- 2 Office Clerk (P/T Temp)
- 3 Student Interns (P/T Temp)
*Vacant
- 1 Business License Specialist (Position previously was Business License Field Investigator - Full time started 5/9/23, resigned 9/15/2023).

*Collected:
-FY2020-21 full year before Measure U - $3,618,196
-FY2021-22 partial year under Measure U - $8,491,418
-FY2022-23 full year under Measure U - $16,208,720
-FY2023-24 through Period 8 - $6,416,084
*LEAD: Mubeen Qader - Internal Services, Finance
*Sue Hartman - Internal Services, Information Technology *Gabino Arredondo - CMO Economic Development, Economic Development *Antonio Banuelos - Internal Services, Finance
*Eva Mann/Maggie Choi - Community Development, Code Enforcement Division/Building Division
*James Atencio - City Attorney's Office
8 Point of Sales Transactions -
General Fund
Some businesses are NOT identifying the City of Richmond as the Point of Sale (POS) for their transactions and instead are using the address for their main office/headquarters.

Larger businesses often have different offices in different cities. The sales tax generated by their sales department gets allocated to the city where the sales department is located. Yes Medium Revenue generated will vary on a case by case basis. In-progress *Additionally, staff needs to Identify business in Richmond that have more than one location where the other location might hold the sales office. In these cases, the sales tax goes to the City where the sale is occurring and not to Richmond. Once a list has been created, staff will have a better understanding of the revenue that could be generated.
*If their sales office is in Richmond, this is simple and an update in their paperwork is all that is needed. If their sales office is not in Richmond, convince them to move their sales office to Richmond.

Ongoing
*Contracted with Avenue Insights & Analytics (City's Sales Tax Consultants, previously Muni Services). Includes a geo audit component.

They identify actual location of all businesses and work with the State and the business in correcting any location discrepancies. So if a business is in Richmond, but claiming a different location, they assist in correcting the error. *LEAD: Mubeen Qader - Internal Services, Finance Division *Antonio Banuelos - Internal Services, Finance Division *Eva Mann/Maggie Choi - Community Development, Code Enforcement Division/Building Division
*Shannon Moore - City Attorney's Office
9 Collection of outstanding funding from CCTA for R-transit, Paratransit Program - General Fund Collect funding for Paratransit services from CCTA and address GF subsidizing Paratransit funding. Yes Short R-Transit received from CCTA:
~1.72 million in FY 19-20
~$1.16 million in FY 20-21
IMPLEMENTING *Funding will be released after funder (CCTA) completes its audit in Feb 2024. On-going *This is a Measure J funded project accomplishments have been increased ridership and continued and expanded rideshare services for Richmond seniors and disabled persons. *LEAD: Lori Reese/ Community Services Department / Transportation Division 10 Analyze potential revenues and expenditures for Kids First.

Include research on ballot measure that caps expenditure obligations and expanding Real Estate transfer tax
percentage and applicable sale amount -
General Fund
Description from December 17, 2019 City Council item: $25,000 approved by City council to analyze potential revenues and expenditures for Kids First.

Description from 12/17/19 City Council Item: Ballot Measure - Kids First is projected to start running a multi-million dollar deficit in FY 2022-2023, if not sooner. A ballot measure to cap expenditures based on revenue could insure there would be no deficit.

Description from 12/17/19 City Council Item: Ballot Measure for Real Estate Transfer Tax Revision - The Kids First measure applied to sales only over a million dollars, and it is generating less than anticipated. The tax could be both increased and applied to sales under $1 million. Yes Medium Depending on the outcomes of the research, the goal could be to increase revenue to further offset or fully cover the 1%, 2% and 3% allocation of the Fund AND/OR to reduce the allocation to a % or dollar amount that is deemed more feasible. If revenue enhancement is decided upon, then initial revenue estimates vary depending on what changes are made to the revenue sources. If we made additional changes to the documentary transfer tax structure the increased revenue could average ~ $1 million annually. However, it is important to note that actual annual revenue could vary due to the fact that this revenue source is volatile and unpredictable. *Measure H was approved by voter s in 2019 and is bringing in ~15M per year. In-progress
*Staff needs to complete the research and analysis and bring before City Council for consideration and decision, viable options for moving forward. *Finance staff will work with other departments such as the CAO to analyze the potential for revenue tax measures for future ballot initiatives. *As appropriate, RDCY staff will also work with the Mayor/staff, and/or convene and/or participate in meetings with stakeholders to discuss various options and changes to language included in Measures E & K. *Staff will utilize existing resources such as http://www.californiacityfinance.com/PropTransfTaxRates.pdf to learn more about transfer taxes in other cities. Many Bay Area cities charge far more than Richmond, including El Cerrito, Alameda, Albany, Emeryville, Hayward and Oakland. *Staff need to determine, at a minimum, what would be required to meet Kids First obligations, but look at further increases along the lines of other Bay Area cities. In-progress and ongoing *An RFP for a consultant to help staff analyze potential expenditure and revenue options was developed; however, the RFP was never released.
*Finance staff came up with preliminary revenue estimates based on various scenarios for changes to the documentary transfer tax. *In 2021, staff gathered information to determine which upcoming election an amendment to Measures E&K could feasibly be placed on (i.e. November 2021 or later).
*Measure H was approved by voter s in 2019 and is bringing in ~15M per year. *LEAD: Mubeen Qader - Internal Services, Finance
*Antonio Banuelos - CMO Internal Services, Finance Division *LaShonda White/Patrick Seals - CMO Internal Services, Children and Youth Division (RDCY)
*James Atencio - City Attorney's Office
11 Creation of Community Facilities District (CFD) -
Special District Fund
A CFD may provide for the purchase, construction, expansion, or rehabilitation of any real or other tangible property with an estimated useful life of at least five years. A CFD may also finance the costs of planning, design, engineering, and consultants involved in the construction of improvements or formation of the CFD. Formation of a CFD authorizes a public agency to levy a special tax on all taxable property within the CFD in the manner prescribed in the formation documents. Yes Long Revenue generated will be commensurate with the district expenses and City share. Not at this Time
*CFD formation for Point Molate contemplated in DDA & DA. *Campus Bay is still being studied by Development team. *Hire a consultant to perform a comprehensive CFD formation study, at a cost of about $200-500k.

Not at this Time
*CFD for Point Molate currently on hold due to development's inability to progress; CFD should be re-evaluated in future development proposals.
* LEAD: Daniel Chavarria - Public Works
*James Atencio - City Attorney's Office
12 Creation of Enhanced Infrastructure Finance District (EIFD) - Special District Fund
EIFDs are a new governmental entity; created by a city, county, special district (or a combination of the three) that funds the construction, improvement, or rehabilitation of a defined area. A unique feature of EIFDs is that the defined areas of an EIFD do not have to be contiguous; meaning cities, counties, and special districts that are separated geographically but share a common infrastructure goal (say a major arterial highway) can still form an EIFD together. EIFDs can also fund the on-going maintenance associated with the newly formed district.May defer tax increment from general fund. Yes Medium Revenue generated will be commensurate with the district expenses and City share. Not at this Time
*Obtain training for staff June/July 2020.
*Following training, staff will study if deferment of resources (through tax increment) from General Fund to determine if it would generate new revenues or not (Fall 2020).
*Hire a consultant to perform a comprehensive EIFD study, at an anticipated cost of $100k. Not at this Time *Potential EIFD was considered for Point Molate, but CC did not like that EIFD would defer tax increment from General Fund. CFD was preferred over EIFD. No additional work needed.
*LEAD: Daniel Chavarria - Public Works
*James Atencio - City Attorney's Office
FEE

ADMINISTRATIVE PRACTICE
184
# Revenue Opportunity Description
Feasibility
(Yes, No, or Not
at this time-low
priority)
Short (6 months or less)
Medium ( 7 months-1.5 years)
Long (+1.5 year)
Implementation Time Frame Estimated Revenue Generation
Status
(IMPLEMENTING, In-progress,
Exploratory, Not at this Time) Next Steps
Projected Timeline (on-going or in progress
estimated END DATE)
Accomplishments
Lead Staff Member and Department* (City Attorney's office will advise all departments on legal requirements of various items)
13 Building Permits - Cost Recovery Planning & Building Fund Description from 12/17/19 City Council Item: It is widely agreed that a lot of construction happens in Richmond without a permit. Enforcement is lax. The penalty described in 6.02.180 (D) 2 is only double the permit fee, which has not proven to be a strong motivation for people building projects to apply for and secure a permit:
“Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this chapter. The minimum investigation fee shall be the same as the minimum fee set forth in the City's adopted fee schedule.”

This is not enough to discourage cheating. The California Building Code allows a fee for constructing without a permit, “subject to a fee established by the building official” (109.5). It was suggested that the penalty should be a minimum of $1,000 and could be as much as five times the normal building permit fee. We also need to greatly improve the detection and follow-up on non-permitted construction. Yes Short
Estimated investigation fee revenue: $518,242.23/year.
139 unpermitted projects identified since August 20, 2020.

Any additional annual generation estimation unknown at this time. In-progress *Find a way to be more proactive in finding projects without permits. *Using the City website, make it easy for someone to report an unpermitted project. In-progress and ongoing "*Ordinance No. 06-20 N.S. formally adopted the 2019 Edition of the California Building Standards Codes with our local amendments.

Ordinance No. 06-20 N.S. was adopted by Council on 3/3/20. It was subsequently filed with and just recently accepted by the CA Building Standards Commission (CBSC). Only the proposed Energy Code Amendments are awaiting approval by the CA Energy Commission. *One of our local amendments establishes an investigation fee for work without a permit. Below is an excerpt of the related code language:
“…Investigation fee for work without permit. Whenever any work for which a permit is required has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to three times the permit fee as set forth in the City’s adopted fee schedule…”
*Investigation fee has been formally established within the City Master Fee Schedule effective 08/20/2020 and is now being utilized & collected when work for which a permit is required has been started without first obtaining the permit. *Fee has been assessed 139 cases with more anticipated as violations are discovered. Will continue to assess fee as cases are being addressed.
*LEAD: Chris Castanchoa - Community Development, Building Division *Maggie Choi - Community Development, Building Division *Lina Velasco - Community Development, Building Division #
Cannabis Business License Enforcement -
General Fund and Cost Recovery Planning &
Building Fund
Description from 12/17/19 City Council Item: It is well known that a large number of cannabis-related businesses are operating without a license, are unregulated, and are not paying taxes and fees. We need to find a way to bring these businesses and buildings into the system for fees and taxes. (cannabis tax included in sales tax).

Identify businesses delivering cannabis in Richmond and ensure they are registered for a business license.

Draft cannabis equity ordinance to increase the revenue generated from licenses. Yes Medium ~$100,000 to $1,000,000 annually. In-progress *Follow-up on Notices and invoices.
*RFP and hire auditor for Marijuana Business Audits to review records from marijuana businesses to determine if they have paid the correct amounts.

In-progress and ongoing
*Code Enforcement will be assisting with Cannabis Business Permit oversight. *The contract with Silver and Wright was approved by City Council on 10/20/2020. *RMC was updated to implement a comprehensive cost recovery program was approved on 10/20/2020. *Cannabis Business Permit Application and Notice of Violation created and invoices sent to the 13 Cannabis businesses. *5 Cannabis Business Operating Permits have been obtained to date. 8 Cannabis operators are completing departmental approval process. Code Enforcement is working in tandem with Silver & Wright on cannabis enforcement process. *In 2021, 16 Cannabis businesses permits applications were approved and $152,300 in cannabis fees collected. *Enforcement is currently being conducted against 4 unpermitted cannabis businesses operating in the City. *In 2022, annual cannabis fees collected were $563,421.90. Code Enforcement continues to work in partnership with Silver & Wright to address non-compliant cannabis businesses. *SCI Consulting Group has completed the 2023 Cannabis Cost Recovery Analysis and prior to implementation, updated fees must be approved by City Council.
*LEAD: Eva Mann - Community Development, Code Enforcement and Building Division
*Chris Castanchoa/Lina Velasco - Community Development, Building Division
*Chief French - Richmond Police Department
*Chief Montoya - Richmond Fire Department
15 Port to be 100% tenant Occupied -
Port Fund Strategic Priority 1A: Port properties are 90% occupied. Increase occupancy to 100% to generate additional revenue. Yes Long Current annual rent revenue is $2.34M. The estimated at 100% occupancy is $2.64M. In-progress
*Goal is to be 100% occupied.
*Goal is for rent revenue to be at market rate.
*Release RFP for General Warehouse and Cafeteria.

In-progress
*MSRC lease amendment was executed on 06/30/2023, which will generate $33,000 per month in revenue. *Point San Pablo Harbor lease executed on 06/01/2023, which will generate $786 per month in revenue. *Completed termination of non-compliant lease for General Warehouse. *Request For Proposal (RFP) completed for Basin 1, recommended award of lease agreement in process. *LEAD: Charles Gerard, Port of Richmond
*Lizeht Zepeda - CMO Economic Development, Port of Richmond *Nannette Beacham - Economic Development Director
*Jessie Filbert - Executive Secretary, Port of Richmond *James Atencio - City Attorney
16 Late Fees - Various Funds
Description from 12/17/19 City Council Item: Employees are concerned that some departments are not collecting late fees. We need to review this and fix it if that is true.

Currently late fees are collected for Rent Control, Fire Department, Code Enforcement, and Business Tax.

All new lease and extension of current leases should include provision that late charges and interest if required payment is not done in a timely manner. Yes Short
Total: $170,000
Permit Trak - $55,000
Project Trak - $100,000
Munis Invoices - $15,000
Note: Ideally this would not be a revenue generator but rather a deterrent and customers would pay their invoices on time.

In-progress as of 3/21/2024
*More effective enforcement and need to determine which departments/division have late fees. *For Business License, staff started collecting late fees effective with the late October 2020 renewal notices. Late fee rates for Business License are 10% for the first 30 days of delinquency, 25% for 31 to 60 days. For items aged past 60 days and unpaid in June/July, can potentially be transferred to Contra Costa Property tax Bills for collections. - As part of the Measure U implementation, Amnesty Program was in place, but has since expired and staff is again assessing and collecting late fees.
*Need to see if feasible for Engineering. In the past, we have not charged late fees for those departments because the items were paid at time of issuance. Additionally, we are looking at implementing interest charges for unpaid invoices and other unpaid items.

This issue for the PD is null and void as the fees related to marijuana inspections will be collected at the time of permitting.

As part of the MFS update, the question of late fees for specific departments will be brought up and determined if feasible on a case by case basis.

All new leases and extension of current leases should include provision that late charges and interest if required payment is not done in a timely manner. Work with City Attorney's Office and those that prepared leases and extension to ensure this wording is included in all leases. In-progress and ongoing *Community Development determined that late fees are not applicable to planning applications and building permits. *Late fees are being applied to delinquent Business Tax collected after June 30, 2022 which is when the Council approved Amnesty Program expired
*Most new leases now include the verbiage. Work with CAO and those that prepare leases to ensure this is included in ALL leases:
(d) Late Charge. If any payment required to be made by Tenant under this Lease is not received by Landlord on or before the date the same is due, Tenant shall pay to Landlord an amount equal to five percent (5%) of the delinquency. The parties agree that Landlord would incur costs not contemplated by this Lease by virtue of such delinquencies, including without limitation administrative, collection, processing and accounting expenses, the amount of which would be extremely difficult to compute, and the amount stated herein represents a reasonable estimate thereof. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's breach or default with respect to such delinquency, or prevent Landlord from exercising any of Landlord's other rights and remedies.
(e)
Interest on Past-Due Obligations. Except as expressly otherwise provided in this Lease, any Rent due Landlord hereunder, other than late charges, that is not received by Landlord on the date on which it was due, shall bear interest from the day after it was due at the maximum rate then allowed by law, in addition to the late charge provided for in Section 6.06/d). *LEAD: Antonio Banuelos - Internal Services, Finance
*Chief French - Richmond Police Department
*Lina Velasco - Community Development
*Craig Murray - Economic Development
17 Review/Streamline process for payments and scheduling appointments - Various Funds
Streamline entire payment process for business fees, permit, and fines to be payable online or on phone. Walk through entire process from how to find link to making the payment to ensure process is clear. Yes Long Fire Dept Est Revenue is $900K. In-progress *System implementation in progress. In-progress *TrackIT is being replaced with iMS, implementation is in progress, new system will have enhanced capabilities to receive payments through multiple modems.

ALL DEPARTMENTS
*LEAD: Mubeen Qader - Internal Services, Finance
*Sue Hartman - Internal Services, Information Technology *Chief Montoya - Richmond Fire Department
*Chief French - Richmond Police Department
18 Contract to conduct comprehensive review and study of all city impact and development fees - Various Funds
Strategic Priority 1A: Contract to conduct comprehensive review and study of all city impact and development fees to update and/or adopt Master Fee Schedule.

Research updating schedule annually. Yes Short
Additional revenue will close the gap between current fee and current cost in providing various services. Impact Fee revenue will be used for future expansion on City infrastructure. In-progress
*Draft User Fee and Impact Fee Report has been submitted to the City. Finance will bring to Council for approval of recommendations in December 2022 or January 2023. Report will highlight actual City cost to provide services, the recommended fee, the change from the old fee, and the subsidy amount, if any. This analysis will help the city to more accurately adjust fee to capture full amount and identify areas where the City is subsidizing certain services. Additionally, in certain departments, this will provide a path towards gradually increasing rates over a few years to fully capture the cost of the services.
*Consultant is finalizing Impact Fee Section of the study and will be submitted to Council for adoption in the next few weeks. *Update street vacant application and fee structure to include applicant providing all document such as Title Report and survey. *After initial presentations to both City Council and the public, this item will go back to City Council on February 27, 2024. After which, 1st reading of Ordinance will go back to City Council in April 2024 as part of the regular update of the Master Fee Schedule.

Additionally, RFP has been posted and closed to select vendor to produce a Fee Study focused on Recreation Fees.

Item is nearly finalized and Impact Fees and
regular Master Fee Schedule update will be
taken to City Council in Spring 2024
In-progress as of 2/6/2024
*User Fee report was used to update fees for various departments in 2022 and 2023 Updated fees have been submitted and approved by City Council in parts:

Adopted in March 2022 include fees for GIS, Police, and Transportation. *Staff is worked with Willdan Financial in reviewing actual costs to provide City services and comparing to the corresponding fees. *Updated Master Fee schedule will be with updated fees will be presented to City Council in November 2020, 2021, 2022, and 2023. *LEAD: Antonio Banuelos- Internal Services, Finance
*Mubeen Qader - Internal Services, Finance
*Dave Aleshire- City Attorney's Office
*ALL CITY DEPARTMENTS
19 Richmond Economic Development Action Plan.

Development and Implementation Short, Medium, Long term economic development strategies for Richmond. Yes Medium Unknown at this time and cannot be estimated. In-progress *Implement short and long-term goals of the strategic plan. *Continue to establish Buy-Local Campaign.
*Build Bludot CRM with city data.
*Build trust amongst local businesses.

In-progress and ongoing
*Completed RFQ to solicit a consultant.
*Five RFQ responses submitted.
*Consultant chosen: HR&A Advisors.
*Contract with HR&A was approved by Council on 10/6.
*Completed data request from HR&A.
*Presentation at Economic Development Commission 12/9.
*Meeting with HR&A in January 14th and January 19th.
*HR&A Presentation to EDC 2/10/21 and MLT on 3/3/21.
*HR&A Presentation to City Council on Final STRLAP on 6/22/21. *HR&A Presentation to EDC on draft RBIAS on 7/14.
*Applied for Community Navigator Program Grant due 7/22- Did not get awarded. *EDAP and RBIAS drafted.
*ED working group meeting regularly.
*Executed Bludot contract.
*Interviewed City Council members.
*LEAD: *Lizeht Zepeda - CMO Economic Development, Economic Development Division
*Nannette Beacham - Economic Development Director
*Kyle Lam - CMO Economic Development, Economic Development Division *James Atencio - City Attorney's Office
20 Asset Management Advisor
Description from February 4, 2020 City Council Meeting: $19 million in LAIF (Local Agency Investment Fund) fund at approximately under 2%. How can the city get a higher rate of return? The city has a very low risk tolerance and needs to be extremely careful and act within the Council-adopted policies. There are multiple examples of minor changes (for instance changing the mix of funds in certain treasuries or bonds compared to simply letting everything sit in a LAIF account) make significant differences in returns on investment, especially over time. Yes Short To be determined. In-progress *Finance Director has indicated to issue an RFP in FY24-24 to contract out the Asset Management for maximized return on investments. *RFP prepared and issued.
*City Council approved a list of brokers on 9/22/2020.
*City's Current Portfolio as of Jan 2023: $66.4M in LAIF(2.425%) and $175.5M in CalTrust(4.319%) (Pooled investment accounts). *Current effective rate of return in January 2023 is 3.46% (Rates adjust to how the market performs). *LEAD: Mubeen Qader - Internal Services, Finance
*Antonio Banuelos - CMO Internal Services, Finance Division *LaShonda White/Patrick Seals - CMO Internal Services, Children and Youth Division (RDCY)
*James Atencio - City Attorney's Office
Consider Mechanic Bank - Money Market account.
21 Send survey to City staff requesting their revenue
generation ideas and input
Send 1-3 questions max online survey to all city staff requesting their revenue generation ideas. Staff have option to submit recommendations anonymously.

Not at this time-
Low priority Short N/A Exploratory on-going
*LEAD: Sharrone Taylor - Internal Services, Human Resources *Sue Hartman - Internal Services, Information Technology 22 Bond Financing: Civic Center, Wastewater, and Port
Potrero, Successor Agency and Pension Obligation Bond
Strategic Priority 1C and mentioned at 5/7/19 City Council Meeting: Refinance Wastewater bonds to hopefully remove the Swap and obtain additional funds for projects. Refinance Civic Center Bond and Port Potrero. 1) Lower the risk of the Wastewater bond portfolio by refunding 2008A bonds and associated swap termination. 2) Refund Lease Revenue Civic Center and Point Potrero Project bonds. 3) The City presented a recommendation to refund two outstanding bonds to City Council on 9/15/2020. 4)The City will also work on refunding the Pension Obligation bond. Yes Medium ~$200,000; for Successor Agency: Per City Council Agenda

9.15.2020 the estimated saving for Successor Agency refunding bonds is $13.3 million gross debt service savings or $5.8 million Net Present Value. COMPLETED *Completed, All swaps have been refinanced as of August 2022. In-progress and ongoing *Completed, All swaps have been refinanced as of August 2022. *LEAD: Mubeen Qader - Internal Services, Finance
*Lina Velasco - Community Development
*Dave Aleshire - City Attorney's Office
23 Complete records retention review and consolidation Consolidated records and files to remove what is not needed or can be destroyed to decrease the city's cost for storage. Not at this time Long Unknown at this time. In-progress as of January 2024 *Consultant meeting with all departments to gather information regarding the files they maintain and their needs. On-going - aiming for June 2024 completion *Hired Diane Gladwell in August 2023 as consultant - tasked with producing our new retention schedule. *LEAD: Sabrina Lundy
*Pamela Christian
24 City Asset Repositioning Plan
One-time funding
Asses inventory and develop plan to reposition or lease City of Richmond surplus property and market opportunity sites.

Develop lease administration plan.Administration has only discussed the disposition of the Surplus Properties, the desire and/or assignment for developing a lease administration plan has not taken place at this time.

Yes Medium
Estimated by Management Partners at $1,000,000. Once properties are appraised, will have a sharper idea of revenue.

In-progress
*Develop criteria and equitable land disposition policy. *Identify "sliver" parcel suitable for disposition to adjacent property owner, and contact to begin negotiations for disposition. *Staff received only one response to RFP to obtain a real estate agent - HCD has previously worked with Agency. *Re-issue RFP for an Appraiser (no responses received for first RFP). *Drafting webpage for Surplus Properties. In-progress and on-going *Created map and excel spreadsheet of all City properties including current use, designated “surplus land” or “exempt surplus land”. *Parcel maps and other documentation uploaded to Document Center Online. *Draft Inventory of Leased and Owned Properties (Government Code Section 5056) created, currently 434 properties identified. Of those city properties, 344 properties were identified for agency use, and 90 were designated Surplus. *Draft Surplus Lands Act (SLA) AB 1486 list created with written findings, of the 90 Surplus Properties identified, 76 parcels are being designated as Exempt Surplus Properties, 14 properties that the City is intending to declare as “Surplus Lands.” *Collect all information for city properties including parcel maps, leases, deeds and any other documentation for the property. *Submit draft inventory lists for inter departmental review. *Designated list of “Surplus Land” and “Exempt Surplus Land”. Presented to City Council 10/27 and approved 12/22. *Notice of Availability drafted, and distributed for department feedback. *Created web page for “Surplus Lands” to include parcel information for each property, inclusion in an online map of surplus properties and web page for "Exempt Surplus Lands" that are suitable for marketing to include parcel information, and an interactive online map. *Staff does not have leases, deeds or any other formal documentation regarding surplus properties. *LEAD: Charice Duckworth - Community Development, Housing *Nannette Beacham - CMO, Economic Development
*Kaitlyn Quackenbush - Community Development
*Lina Velasco - Community Development
*Antonio Banuelos - Internal Services, Finance
*Shannon Moore - City Attorney's Office
25 Collection of Public Art Fees
One-time funding Confirm construction projects from 2017 until present complied with public art ordinance requirements. Yes Short One-time revenue or in-leu.
$341,746 generated 2021 (Calendar year)
$1,513,751.82 generated 2022 (Calendar year)
$466,246 generated 2023 (Calendar year) In-progress
*Continue collection of private devleoper 1% fee for applicable projects. *Collaborate with Public Works and Finance departments to identify CIP projects eligible for 1.5% fee. Ongoing *Initiated the collection of public art fees for the City, per the ordinance established in 2017, resulting in an approximate $2.9M fund balance.
*LEAD: Winifred Day - Economic Development, Arts & Culture Division Shane Johnson - CMO
285
# Revenue Opportunity Description
Feasibility
(Yes, No, or Not
at this time-low
priority)
Short (6 months or less)
Medium ( 7 months-1.5 years)
Long (+1.5 year)
Implementation Time Frame Estimated Revenue Generation
Status
(IMPLEMENTING, In-progress,
Exploratory, Not at this Time) Next Steps
Projected Timeline (on-going or in progress
estimated END DATE)
Accomplishments
Lead Staff Member and Department* (City Attorney's office will advise all departments on legal requirements of various items)
26 COVID-19 Cost Recovery and Grant Exploration
One-time funding
The Federal Government approved the CARES Act in March 2020. How can the city apply for grants/programs and recover costs?
Through the passage of House of Representative Bill 1319, also known as the American Rescue Plan Act (ARPA), state, tribal and local governments are expected to receive much needed assistance to help offset the negative impacts of COVID-19. As part of the $1.9 trillion ARPA relief package, the City of Richmond is currently situated to receive $27.7 million, with the first installment received in August 2021, and the final installment expected one year later in 2022. Must be allocated by December 2024.

Yes Long
The City’s total CARES Act allocation is $1,373,211. The full amount was expended by December 31, 2020.

The City's proposed American Rescue Plan Act (ARPA) allocation is $27.7M. In-progress
*City staff is in the process of creating work plans to implement various projects, with plans to encumber/obligate funds by December 2024. All ARPA funds must be spent by December 2026.
*HR&A presented a Community Needs Assessment and Strategic investment plan to Council as part of the fiscal year 23–24 budget process. In December 2023, the city Council used the information provided in the HR&A reports to provide direction to city staff regarding allocations for the remaining ARPA funds.
*Documentation for services provided during COVID-19 are being tracked and monitored. *Staff is learning about ARPA and attending informational webinars. *Shared ARPA information at Council, with unions and senior staff, and during a community meeting in April 2021. *CAREs funding has been received and spent.
*Staff shared information with Council, staff, community and unions about ARPA and setting up ways to get input on possible spending categories; Staff plans to provide preliminary recommendations for possible allocations for FY 21-22 in May and June to Council. *Website developed.
*The City received its first installment of ~$13.5 million in August 2021 and City Council allocated $10.5 million in ARPA funds for various projects (i.e. HVAC upgrades at 4 city facilities, community needs assessment, Richmond Rapid Response Fund, NR pump station, etc.) as part of the FY 21-22 budget process.
*The City Council approved a contract with HR&A and Contigo to conduct a community needs assessment to hear from community on how the City should spend the remaining $17 million ARPA allocation. *LEAD: LaShonda White - Community and Library Services
*Patrick Seals - Internal Services, Children and Youth
*Andrea Miller - Internal Services, Finance
*Finance Recovery Unit (Antonio Banuelos, Desiree Johnson, Ritu Prabhakar) 27 Co-locations for New Cell Towers Marketing co-locations for cell towers. Yes Medium Current annual revenue is estimated at $200,000.00 Negotiations are underway for additional sites.

Exploratory
* Identify locations and availability.
* Continue to negotiate increased rent in lease amounts. In-progress and ongoing * Agreement with AT&T approved by City Council in May 2022 for expansion of cellular service on city owned light poles. * Completed negotiations with AT&T for revenue per pole annually. *Acquired Debtbook to track leases and online subscriptions. *LEAD: Sue Hartman - Internal Services, Information Technology *Alfredo Gonzalez - Richmond Police Department, Information Technology 28 Review of Franchise Agreements
Review fuel movement franchise agreements, such as with Kinder Morgan, for fuel movement from Richmond to South SF and review safety of pipelines in Richmond.

Not at this time-
Low priority Medium Not available at this time. Not at this time *Identify, list, and review Richmond's Franchise Agreements. Not at this Time *LEAD: Daniel Chavarria - Public Works
*Dave Aleshire - City Attorney's Office
29 Vacant Property Marketing
Assist with marketing for non-City owned vacant properties Develop website in January 2021. Yes Medium Not available at this time. Exploratory *Housing Staff is preparing an Equitable Land Disposition Policy (ELDP) that will be used to guide the disposition process for City-owned surplus properties. Staff is also working with Public Works to identify and map city-owned vacant lands. June 30, 2024 for ELDP and mapping *Draft ELDP presented to City Council via written report on December 19, 2023. *Draft Map is also complete-undergoing QA/QC review. *LEAD: Lina Velasco, Community Development 30 Business License Tax (Measure U)- Gross Receipts and/or per unit basis for rental properties and gross receipts General Fund Revenue
Measure U was approved by Richmond voters in November 2020. This changed the basis of the business license tax to gross receipts tax for both rental properties and all businesses in Richmond. The new tax structure will be effective July 1, 2021. Currently, in most cases, City charges Business License Tax based on number of employees on a per location basis. For rental properties with no employees, the property owner pays the same rate of $234.10 per location. It doesn't matter if it is an in-law unit or 1,000 unit apartment complex. A new proposed structure would charge on a per unit tiered rate. The more units, the higher the tax. For all other businesses, tax amount due would be based on amount of gross receipts by the business. Nearby cities with gross receipts include Oakland, Berkeley and Walnut Creek.

Voters approved a progressive tiered structure where the rate change based on the type of industry and go up based on higher gross receipt volume. Yes Short
Business License revenue in FY 2019-20 totaled $3,588,923. In FY 2020-21 Business License revenue through September 2020 is $887,662. The bulk of the Business License revenue comes in to the City in December and January.

Total revenue with passage of Measure U based on rates included in ballot measure was $8.1M. Businesses expiring after July 1 and rental properties are not included in the FY21-22 revenue. They are being transition to expire in December 2022 and will make two payments during the current fiscal year, the first a prorated amount and second a full amount.

FY22-23 proposed budget is $8.058M
Total actual revenue from Measure U for the first full year was $16.2 million. This stemmed from higher than expected gross revenues frommany businesses in Richmond and thetransition of all businesses to a s12/31 expiration date meaning abiout a third of the businesses had two payment during the FY.

In-progress
*Staff will propose clarifications to the Ordinance through Administrative Rulings On an as needed basis. *Administrative Rulings will cover language clarification, definition updates, or more detail in grey or ambiguous areas of the ordinance. *City has been sued by group made of the Hilltop Plaza Auto dealers. *Staff will continue work on implementation of Measure U including Determination Reviews, Classification Reviews, True-Up Forms, etc. *City wide effort to replace the currnt Land Management software (TRAKiT) is underway. New software, iMS, will make it easier for customers to apply, renew and pay the tax and make it easiert for staff to process and analyze the tax. In-progress and ongoing *Convened three meetings with the business community.
*Measure U placed on 11/3 ballot.
*Measure U approved by voters
*$16.2 million collected in FY2022-23 with the base expcted to be $13 million going forward *LEAD: Antonio Banuelos - Internal Services, Finance Division *Leilani Dela Cruz/Desiree Johnson/Karla Robles - Internal Services, Finance *Gabino Arredondo/Shasa Curl - City Manager's Office
*Randall Narron/Sue Hartman - Internal Services, Information Technology *James Atencio - City Attorney's Office
31 Sidewalk Ordinance Enforcement
Enforcement of sidewalk ordinance as a way to recover costs of sidewalk repairs and reduce the city’s liability exposure and outside counsel costs in connection with trip and fall claims/litigation. Yes Short Unknown at this time. Exploratory *Take a proposed policy to City Council no later than September 2024. In-progress and ongoing *Data collection citywide needed to present to CC options regarding sidewalk policy. The total investement need in Richmond is over $77.0M, split as follows: a. The City has the equivalenbt to $33.0M of sidewalk repairs. CC may opt to enforce the sidewalk ordinance and put this cost on property owners, or CC may prefer to share this cost with property owners. b. In addition, the City has a need to upgrade/build the equivalent to $32.3M in ADA curb ramps at curb returns. This is a cost the City covers. c. Moreover, the City has a need to repair the equivalent of $5.0M in curbs and gutters. CC may opt to enforce the sidewalk ordinance and put this cost on property owners, or CC may prefer to share this cost with property owners. d. FInally, the estimated administrative cost of the sidewalk program is $350k/yr.

PW is working with the CAO to prepare options for the CC and present this information in Spring 2024. *LEAD: Daniel Chavarria - Public Works
*Dave Aleshire - City Attorney's Office
*Laura Marquez - Internal Services, Human Resources
32 Grants
Many city programs and projects are funding through Federal, State, Regional, and Local grants. A city-wide grant tracking sheet through entire lifetime of the grant. Ensure all funding is received. Yes Short FY 22-23 grant revenue is estimated to be $59.1M In-progress *Expand Pilot tracking process to all departments receiving grants: City Manager's Office, Community and Library Services, Community Development, Information and Technology, Police, and Fire.

In-progress, estimated completion date
December 31, 2024
*Created grant tracking process and document.
*Piloted grant tracking process with Public Works Department. *Public Works department has major grants, new engineering staff has been hired and the grants management will improve. *LEAD: Vrenesia Ward- Internal Services, Finance
*Jerry Gurule - Internal Services, Finance
*James Atencio - City Attorney's Office
33 Cost Recovery and Reduction of Legal Fees Explore possibility of reducing legal fees and creating procedures for recovering legal fees and costs. Yes Medium Unknown at this time. In-progress *Continue to pursue cost recovery efforts through receivership program. *Pursue options for reducing outside legal counsel budget including exploring retention of outside legal counsel with competitive rates. In-progress and ongoing *Handling more litigation cases in house.
*To date approximately $328,000 of City costs have been recovered through receivership program. *LEAD: Shannon Moore - City Attorney's Office
*Dave Aleshire - City Attorney's Office
*Karen Becker - City Attorney's Office
*Crystal Shanklin - City Attorney's Office
34 Port of Richmond - Creation of Rent Roll Creating internal processes to accurately identifying Port finances for current and incoming rent. Yes Short Current roll is ~$2 million annually. This amount will be used to reduce Port debt to the City of Richmond. IMPLEMENTING
*Collaborate with Finance to understand accurately rent and other revenues. *Collaborate with Finance to facilitate accurately receive and post of rent revenues. *Work with City Attorney's Office to update lease language for rent payments and other obligations.

In-progress and ongoing
*Refined the Port's rent roll document to include more information. COMPLETED added more details from each lease to include when CPI is due.
*Met with Finance staff to understand revenues. COMPLTED and on-going to improve processes *Submitted to City Council annual Port Report that includes rent revenue. COMPLTEDE as of November 2023. Port Director will complete a Port Report annually.
*Established a protocol for conduct a market rate rent analysis. COMPLETED Port staff engages economist for market rent(s) prior to rent agreement.
*LEAD: Charles Gerard, Port of Richmond
*Lizeht Zepeda - CMO Economic Development, Port of Richmond *Nannette Beacham - Economic Development Director
*Jessie Filbert - Executive Secretary, Port of Richmond *James Atencio - City Attorney
35 Port infrastructure for alternatives revenue-generating uses Identify opportunities to assess Port infrastructure for alterative revenue-generating uses including Blue/Green initiatives. Yes Long Per audit may provide insight. In-progress *After Port Audit conduct an infrastructure assessment. *After Port Audit establish a Strategic Plan process,
*After Port Audit work to establish a CIP Report and Plan to explore grants. on-going
*LEAD: Charles Gerard, Port of Richmond
*Lizeht Zepeda - CMO Economic Development, Port of Richmond *Nannette Beacham - Economic Development Director
*Jessie Filbert - Executive Secretary, Port of Richmond *James Atencio - City Attorney
36 Lay berth of large ships at Port Opportunity to allow lay berth ships to labor overnight at Port. Not at this time Long Estimated at $600,000 to $1,000,000. Not at this time *After Port Audit start to explore procedures and protocals for lay berthing Not at this time *LEAD: Charles Gerard, Port of Richmond
*Lizeht Zepeda - CMO Economic Development, Port of Richmond *Nannette Beacham - Economic Development Director
*Jessie Filbert - Executive Secretary, Port of Richmond *James Atencio - City Attorney
37 Renegotiate ECIA with Chevron
Possible opportunities for CBA for future projects, possibilities to expand the term of the current ECIA. The City has not engaged in conversation with Chevron at this time regarding renegotiating the ECIA in its current form. However, there may be opportunities to engage with Chevron regarding negotiating community benefits agreements for new projects. Not at this time Medium Management Partners estimated $9,000,000. Not at this Time *Research and engage in conversations as new projects at Chevron arise. *Research funding opportunities for specific programs. Not at this Time *LEAD: LaShonda White - Community and Library Services 38 Secure City Parking Lots Consider options for increasing parking, and creating secure overnight parking at the city-owned properties. Yes Medium Unknown at this time. Exploratory *Coordination with staff to create a CIP Not at this time *LEAD: Daniel Chavarria - Public Works
*Dee Karnes - Public Works
*LaShonda White - Community and Library Services
386
Fund Analysis: Cost Recovery Accounts
FUND 2019 ACTUALS 2020 ACTUALS 2021 ACTUALS 2022 ACTUALS 2023 ACTUALS GRAND TOTAL 1050 - CR-PLANNING & BUILDING
34 LICENSES, PERMITS & FEES $7,587,731 $6,169,084 $7,971,764 $7,984,105 $9,354,891 $39,067,575 36 USE OF MONEY&PROPRTY $61,993 $57,041 $18,967 $19,825 $230,778 $388,603 37 CHARGES FOR SERVICES $2,322,544 $3,531,802 $2,000,929 $600,726 $530,334 $8,986,335 38 OTHER REVENUE $0 $1,576 $6,026 $6,438 $20 $14,060
3B INTERGOV FED GRANT $0 $0 $0 $0 $25,000 $25,000
3C INTERGOV STATE GRANT $610 $169,978 $117,086 $122,929 2,797,299.55 $3,207,902 3D INTERGOV OTHER GRANT $0 $16,000 $87,049 $262,951 $52,093 $418,093 40 SALARIES AND WAGES ($2,082,473) ($2,077,119) ($2,086,330) ($2,125,137) ($2,217,535) ($10,588,593) 41 PYRLL/FRINGE BENEFIT ($1,258,641) ($1,301,628) ($1,446,825) ($1,395,375) ($1,497,382) ($6,899,851) 42 PROF & ADMIN ($2,718,846) ($5,046,082) ($3,373,031) ($3,208,376) ($5,644,600) ($19,990,936) 43 OTHER OPERATING ($52,567) ($29,623) ($38,098) ($57,199) ($188,325) ($365,812) 44 UTILITIES ($12,323) ($7,968) ($13,175) ($12,410) ($24,600) ($70,477) 45 EQPT & CONTRACT SVCS ($6,167) ($12,471) ($7,276) ($11,472) ($13,949) ($51,335) 47 COST POOL ($1,979,985) ($1,967,380) ($1,863,033) ($1,908,033) ($1,985,965) ($9,704,396) 48 ASSET/CAPITAL OUTLAY ($7,237) ($6,394) ($2,775) ($2,797) ($1,884) ($21,087) 90 OPER XFERS IN $0 $0 $0 $660,693 $782,154 $1,442,847
91 OPER XFERS OUT $0 ($100,000) $0 $0 $0 ($100,000)
1050 - REVENUES $9,972,878 $9,945,480 $10,201,821 $9,657,667 $13,772,569 $53,550,414 1050 - EXPENSES ($8,118,239) ($10,548,665) ($8,830,542) ($8,720,801) ($11,574,240) ($47,792,487) 1051 - CR-ENGINEERING
34 LICENSES, PERMITS & FEES $21,920 $7,036 $0 $0 $0 $28,956 37 CHARGES FOR SERVICES $278,021 $388,687 $0 $0 $0 $666,708 40 SALARIES AND WAGES ($420,499) ($346,123) $0 $0 $0 ($766,623) 41 PYRLL/FRINGE BENEFIT ($274,561) ($231,998) $0 $0 $0 ($506,559) 42 PROF & ADMIN ($150,801) ($89,564) $0 $0 $0 ($240,365) 43 OTHER OPERATING $31,346 ($45,598) $0 $0 $0 ($14,251) 44 UTILITIES ($5,269) ($6,380) $0 $0 $0 ($11,649)
45 EQPT & CONTRACT SVCS ($35,040) $0 $0 $0 $0 ($35,040) 47 COST POOL ($793,735) ($742,934) $0 $0 $0 ($1,536,669) 90 OPER XFERS IN $756,583 1,028,209.30 $0 $3,489,599 $0 $5,274,392 1051 - REVENUES $1,087,871 $1,423,932 $0 $3,489,599 $0 $5,970,056 1051 - EXPENSES ($1,679,906) ($1,462,596) $0 $0 $0 ($3,111,155) 1053 - CR-CODE ENFORCEMENT
37 CHARGES FOR SERVICES $0 $69,612 $0 $0 $0 $69,612
38 OTHER REVENUE $44,151 $0 $0 $0 $0 $44,151
43 OTHER OPERATING ($10,894) ($23) $0 $0 $0 ($10,917)
45 EQPT & CONTRACT SVCS ($48,020) ($33,381) $0 $0 $0 ($81,401) 90 OPER XFERS IN $2,076,487 $0 $0 $0 $0 $2,076,487
1053 - REVENUES $2,120,637 $69,612 $0 $0 $0 $2,190,249
1053 - EXPENSES ($58,914) ($33,404) $0 $0 $0 ($92,318)
1054 - ENGINEERING GRANTS
3B INTERGOV FED GRANT $589,632 $260,550 $0 $4,819,644 $635,351 $6,305,177 3C INTERGOV STATE GRANT $1,708,544 $928,531 $508,827 $1,402,781 $1,968,756 $6,517,440 3D INTERGOV OTHER GRANT $88,834 $34,000 $6,000 $0 $82,500 $211,334 42 PROF & ADMIN $0 ($42,500) ($25,845) ($176,437) ($169,526) ($414,308) 45 EQPT & CONTRACT SVCS $0 $0 ($107,666) ($11,371) $0 ($119,037) 48 ASSET/CAPITAL OUTLAY ($2,131,350) ($1,682,683) ($2,521,583) ($8,286,737) ($3,002,204) ($17,624,557) 90 OPER XFERS IN $499,963 $0 $0 $0 $0
1054 - REVENUES $2,886,973 $1,223,081 $514,827 $6,222,425 $2,686,607 $13,033,951 1054 - EXPENSES ($2,131,350) ($1,725,183) ($2,655,094) ($8,474,545) ($3,171,730) ($18,157,902) 1055 - ENCROACHMENT SVCS
34 LICENSES, PERMITS & FEES $788,705 $740,983 $729,297 $932,819 $972,367 $4,164,171 36 USE OF MONEY&PROPRTY $8,855 $13,328 $5,699 $6,426 $51,110 $85,417 37 CHARGES FOR SERVICES $130,722 $547,119 $230,024 $364,951 $324,226 $1,597,041 40 SALARIES AND WAGES ($255,518) ($298,961) ($248,707) ($269,747) ($305,548) ($1,378,480) 41 PYRLL/FRINGE BENEFIT ($207,550) ($226,614) ($244,270) ($227,094) ($241,674) ($1,147,201) 43 OTHER OPERATING ($5,969) ($1,599) ($709) ($33,902) ($1,461) ($43,639) 44 UTILITIES ($2,243) ($2,081) ($3,225) ($2,816) ($2,884) ($13,248) 47 COST POOL ($226,808) ($192,277) ($170,231) ($170,231) ($172,555) ($932,102) 48 ASSET/CAPITAL OUTLAY $0 ($542) $0 $0 $0 ($542)
1055 - REVENUES $928,281 $1,301,429 $965,020 $1,304,196 $1,347,703 $5,846,629 1055 - EXPENSES ($698,088) ($722,073) ($667,141) ($703,789) ($724,122) ($3,515,212) TOTAL REVENUES $16,996,640 $13,963,535 $11,681,668 $20,673,887 $17,806,879 $81,122,609 TOTAL EXPENSES ($12,686,496) ($14,491,922) ($12,152,777) ($17,899,134) ($15,470,092) ($72,700,421) NET. $4,310,144 ($528,387) ($471,110) $2,774,753 $2,336,788 $8,422,188 Note: A comprehensive analysis of the cost recovery accounts, with a specific focus on the inbound and outbound transfers over the past five years.

Funds Analyzed: 1050, 1051, 1053, 1054, 1055

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April 16, 2024

Finance Department

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

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

Investment and Cash Balance Report and Monthly
Overtime Reports for the Month of February 2024
FINANCIAL IMPACT: There is no fiscal impact due to this agenda item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and Monthly
Overtime Reports for the month of February 2024.

RECOMMENDED ACTION:

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

DISCUSSION:

It is the policy of the City of Richmond (City) to invest public funds in a manner which prioritizes safety and liquidity over yield, while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. In accordance with California Government Code Section 53646 and the City’s Investment Policy, the Director of Finance shall report monthly on the City's pooled and AGENDA
REPORT
88

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April 16, 2024
Bond funds to the City Manager and City Council and shall report quarterly on other investments.

The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance which include General Fund, Special Revenue, Debt Service, Capital Projects, Enterprise, Internal service, Trust & Agency, Redevelopment/Successor Agency, and any other Funds investment activities under the direction of the City.

The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy.

Investment in the Local Agency Investment Fund (LAIF), CalTrust, money market, agency bonds, certificates of deposits, and corporate notes are all allowable by California Government Code Section 53601 and permitted according to the City of Richmond’s Investment Policy updated October 17, 2023.

The City is allowed to prefund future Pension and OPEB costs in accordance with the City’s Pension and Other Post-Employment Benefits (OPEB) policies. These funds are invested according to the policies funding objectives and funding guidelines. The City maintains a Section 115 Combination Trust for City-OPEB & Pension administered by Public Agency Retirement Services (PARS) and a California Employers’ Retiree Benefit Trust (CERBT) administered by California Public Employees’ Retirement System (CalPERS) for RPOA-OPEB. Each Trust is comprised of a diversified portfolio of investments consistent with the Trust’s objectives and liquidity requirements.

DOCUMENTS ATTACHED:

Attachment 1 – Investment and Cash Balance Report for February 2024 Attachment 2 – Overtime Report for February 2024
Attachment 3 – Overtime Public Safety Report for February 2024 89 Finance Department – Treasury Division

M E M O R A N D U M

To: Mayor and Members of the City Council

From: Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Jerry Gurule, Accounting Manager

Date: April 16, 2024

Subject: MONTHLY CASH BALANCES & INVESTMENT REPORT –
February 2024

Enclosed for your information are the Investment Report, Port folio Summary, a nd Comparative Cash Report for the month of February 2024 prepared by the City Treasurer pursuant to the statutory requirements of the State of California.

It is the policy of the City of Richmond (City) to invest public funds in a manner which prioritizes safety and liquidity over yield while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. In accordance with California Government Code Section 53646 and the City’s Investment Policy, the Director of Finance shall report monthly on the City's pooled and Bond funds to the City Manager and City Council and shall report quarterly on other investments.

The City is allowed to prefund future Pension and OPEB costs in accordance with the City’s Pension and Other Post -Employment Benefits (OPEB) policies. These funds are invested according to the polic ies funding objectives and funding guidelines. Each Trust is comprised of a diversified portfolio of investments consistent with the Trust’s objectives and liquidity requirements. The City maintains a Section 115 Combination Trust for City -OPEB & Pension administered by Public Agency Retirement Services (PARS) and a California Employers’ Retiree Benefit Trust (CERBT) administered by California Public Employees’ Retirement System (CalPERS) for RPOA-OPEB.

90 91
92 93
94 95
96 97
98 99
Attachment 2 - Overtime Report for February 2024
PERIOD 8, FEBRUARY 2024
67% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
GENERAL FUND (summary)
400031 OVERTIME/General 1,725,650 19,764 1,745,414 1,426,850 318,564 82% 400032 OVERTIME/Sworn 9,282,969 - 9,282,969 7,495,270 1,787,699 81% TOTAL GENERAL FUND 11,008,619 19,764 11,028,383 8,922,120 2,106,263 81% Overtime By Department

CITY CLERK
Administration 20,000 20,000 15,353 4,647 77% Two staff members are required for every council meeting.

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

FINANCE -
Administration - - 16 (16) Short-staffed.

General Accounting - - 1,321 (1,321) - Short-staffed.

Payroll - - 54,801 (54,801) - Short-staffed.

Accounts Payable 600 600 954 (354) 159% Short-staffed.

Revenue Collection 5,000 5,000 6,227 (1,227) 125% Short-staffed.

TOTAL FINANCE 5,600 - 5,600 63,320 (57,720) 1131%

HUMAN RESOURCES
Administration - - 414 (414) - POLICE
Administration 490,227 490,227 335,706 154,521 68% CAD Dispatch System 680,625 680,625 512,073 168,552 75% New hire training RM System 4,000 4,000 1,606 2,394 40% Parking Enforcement 6,000 6,000 2,102 3,898 35% Sworn Administration 4,800,000 4,800,000 4,377,003 422,997 91% Short-staffed, and events have continued to pick-up post-pandemic.

TOTAL POLICE 5,980,852 - 5,980,852 5,228,491 752,361 87% FIRE
Administration 2,000 2,000 174 1,826 9% Suppression - - 95,178 (95,178) - 7 Personnel's OT is being charged to general OT object (400031) instead of sworn OT (400032). A correction to this line item will move these expenditures.

Sworn Suppression 4,453,872 4,453,872 3,069,347 1,384,525 69% Vacancies, injury leave, vacation and comp time off

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Attachment 2 - Overtime Report for February 2024
67% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
Sworn Prevention 29,097 29,097 11,799 17,298 41% Sworn Prv-Chvrn Insp - 535 Sworn Training - 36,586 (36,586) - 1 Battalion Chief's OT is being charged to Training instead of Suppression.

A correction to this line item will move these expenditures.

TOTAL FIRE 4,486,969 - 4,486,969 3,213,619 1,273,885 72%

PUBLIC WORKS & ENGINEERING SVCS
Facility Maintenance Administration - - - 118 (118) A budget transfer will be done to cover the actual.

Stationary Engineers 10,000 - 10,000 7,092 2,908 71% Stationary Engineers had after hours calls Building Services 3,000 - 3,000 3,977 (977) 133% Utility Sections 132,000 - 132,000 110,073 21,927 83% Weekend cleaning of the Aquatic centers, stripping and waxing of floors at community centers.

Electric 25,000 - 25,000 16,593 8,407 66% After hours emergency calls.

Parks & Landscape Admin 200,000 - 200,000 168,782 31,218 84% Tree work and extensive weed abatement in various locations that are open spaces and busy roadways.

Streets Administration 36,000 (30,000) 6,000 49 5,951 1% Street Sweeping 1,100 - 1,100 189 911 17% Pavement Maintenance 41,447 10,000 51,447 16,088 35,359 31% Traffic Signs & Lines 4,885 20,000 24,885 10,270 14,615 41% Equipment Services 8,000 - 8,000 16,721 (8,721) 209% To catch up on outstanding work, clerical and maintenance.

Abatement Services 27,000 - 27,000 22,512 4,488 83% Abatement staff had Dumpster Day work on the 15th, 22nd and 29th TOTAL PUBLIC WORKS 488,432 - 488,432 372,464 115,968 76%

LIBRARY
Library Administration - 6,000 6,000 5,426 574 90% Admin support fo Deputy City Manager, Library Commission, and staffing shortages.

COMMUNITY SERVICES
Recreation Services/Cities of Service - - 23 (23) - Tool Lending Library OT Recreation Administration - 1,351 1,351 1,351 - 100% Booker T Center 250 - 250 151 99 60% Nevin Center 1,000 864 1,864 1,864 - 100% Short-staffed during summer camp Shields Reid 37 123 161 161 - 100% Short staffed during summer camp Recreation Complex 1,000 - 1,000 983 17 98% Short-staffed.

Parchester Center 200 533 733 733 - 100% Short-staffed.

May Valley Center - 1,616 1,616 1,616 - 100% Short-staffed.

Recreation DPRC 500 250 750 413 337 55% Senior Center 300 - 300 - 300 0% Senior Center Annex 250 - 250 155 95 62% Aquatics 2,028 2,536 4,564 4,792 (228) 105% Short-staffed.

Convention Center - - - 3,938 (3,938) 100% Increased rentals required staff overtime

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Attachment 2 - Overtime Report for February 2024
67% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
Plunge 2,200 1,468 3,668 3,847 (179) 105% Short-staffed.

TOTAL COMMUNITY SERVICES 7,766 8,741 16,507 20,027 (3,520) 121%

ECONOMIC DEVELOPMENT PROGRAM
Administration 1,000 1,000 - 1,000 0% TOTAL GENERAL FUND 11,010,619 14,741 11,025,360 8,922,120 2,103,775 81%

NON-GENERAL FUND
Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 - 20,000 24,079 (4,079) 120% The Hilltop crew completed weed abatement around the lake and High Fire Zones
1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 - 25,300 9,050 16,250 36% 1018 RENT CONTROL 2,500 - 2,500 285 2,215 11% 1050 CR-PLANNING & BUILDING 9,500 3,000 12,500 - 12,500 0% 1051 CR-PLANNING & BUILDING - 1,862 (1,862) 1055 ENCROACHMENT SVCS 8,000 - 8,000 14,625 (6,625) 183% To inspect services completed by PG&E and it corresponds with a permit and the funds should go back to that line
4001 PORT OF RICHMOND - - - 123 (123) - 4003 WASTEWATER ADMINISTRATION - 11,144 (11,144) - 4003 WASTEWATER PRE-TREATMENT 7,500 - 7,500 4,539 2,961 61% 4006 STORMWATER - - - 504 (504) - -
4404 RHA-NEVIN PLAZA - - - 2,156 (2,156) - On-call services from tenants after hours and weekends. 4405 RHA-NYSTROM VILLAGE - - - 3,127 (3,127) - On-call services from tenants after hours and weekends. 5001 INSURANCE RESERVES - - - 391 (391) - TOTAL NON-GENERAL FUNDS 72,800 3,000 75,800 71,885 3,915 95%

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Attachment 3 - Overtime Public Safety Report for February 2024 City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense

ORIGINAL
BUDGET

REVISED
BUDGET
FY2016-17 Overtime - Sworn 3,169,000 3,169,000 313,703 373,243 423,224 469,661 339,483 327,177 348,075 361,458 349,723 365,735 425,407 563,317 4,660,206 147.1% (1,491,206) 388,350.51 FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,000,000 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64 FY2020-21 Overtime - Sworn 5,000,000 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 360,540 4,123,386 79.8% 1,042,048 343,615.51 POLICEFY2022-23 Overtime - Sworn 5,165,435 4,800,000 365,627 345,212 390,077 354,865 370,205 401,964 394,652 472,091 442,662 397,356 436,869 382,792 4,754,372 99.0% 45,628 396,197.67 FY2023-24 Overtime - Sworn 4,800,000 4,800,000 487,105 925,716 477,693 462,417 470,347 531,204 412,911 609,609 4,377,003 91.2% 422,997 547,125.32 FY2016-17 Overtime - Sworn 2,486,914 2,486,914 268,353 267,582 178,894 164,200 149,136 147,981 227,796 267,960 182,993 246,898 233,383 316,924 2,652,102 106.6% (165,188) 221,008.47 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 4,305,402 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 4,305,402 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,215 351,463 715,688 429,890 4,784,938 110.4% (450,439) 398,744.82 FIREFY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 475,560 339,814 398,079 369,477 435,057 4,948,685 114.2% (614,186) 412,390.41 FY2023-24 Overtime - Sworn 4,482,969 4,482,969 524,969 473,094 348,296 346,854 363,759 315,266 363,100 382,930 3,118,267 69.6% 1,364,702 389,783.34 FY2023-24 TOTAL 9,282,969 9,282,969 1,012,073 1,398,810 825,989 809,271 834,106 846,470 776,011 992,539 - - - - 7,495,269 80.7% 1,787,700 3,747,634.66

BUDGET ACTUALS TOTAL

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April 16, 2024

Finance Department

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Ofelia Alvarez, Senior Buyer
Subject: Sanctuary City Contracting and Investment Policy Ordinance Update
FINANCIAL IMPACT: No fiscal impact

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

On June 5, 2018, the City Council adopted a Sanctuary
City Contracting and Investment Policy Ordinance which
mandates that City staff provide a written update to the City Council.

RECOMMENDED ACTION:

RECEIVE a written update regarding the steps taken to
ensure compliance with the Sanctuary City Contracting
and Investment Policy Ordinance; and APPROVE a
waiver for Motorola as the only reasonable option –
Finance Department (Andrea Miller/Mubeen Qader/
Ofelia Alvarez 510-620-6699).

DISCUSSION:

As a Sanctuary City, the City of Richmond is committed to protecting all residents of our community. The goal of the adopted ordinance is to prohibit the City from contracting AGENDA
REPORT
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April 16, 2024
with any person or entity that provides the United States Immigration and Customs Enforcement (ICE) with any “Data Broker”, “Extreme Vetting” services unless the City Council makes a specific determination that no reasonable alternative exists. The ordinance also prohibits the City from investing in any of these companies and requires the City to include notice of these prohibitions in any Request for Proposals (RFPs), Requests for Qualifications (RFQs), and any construction or other contracting bids. The ordinance also requires that the City provide an annual report to the City Council on its enforcement.

The Finance Department works with all City departments on this project. All departments have reviewed the "Sanctuary City Contracting and Investment Policy Ordinance" (Attachment 1 - Ord. 12-18). Departments have also completed the Departmental Sanctuary City Compliance Statement declaring that their contracts are in compliance with the Ordinance (Attachment 2). Any findings or requests for waivers were noted in the Departmental Sanctuary City Compliance Statement.

In addition, all Public Works construction bids, RFQs, RFPs, or any other solicitation issued by the City shall include statement below:

SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE STATEMENT Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein along with the bid or proposal prior to execution of the contract.

Furthermore, the City Attorney’s office requires all contracts to have the statement below and complete the Sanctuary City Compliance Statement (Attachment 3):

SANCTUARY CITY CONTRACTING ORDINANCE (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts 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”).

Impacted Contracts

The contracting portion of this ordinance impacts a contract in the Fire and Police Departments.

The Fire and Police Departments use Motorola brand portable and mobile radios. Radio communication is critical to providing emergency response services to the City of Richmond.

The City of Richmond is a member agency of East Bay Regional Communications System Authority (EBRCSA). EBRCSA is a communications system manufactured 105

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April 16, 2024
by Motorola providing interoperability for emergency responders and others on the system in Alameda and Contra Costa counties. EBRCSA entered into an agreement with Motorola in 2009 following an RFP conducted by Contra Costa County (#0904- 018); and the agreement is currently in effect until July 30, 2026.

Red Cloud Inc. is Motorola's exclusive Manufacturer's Representative for all cities within Alameda, Contra Costa, San Mateo, and Marin Counties as well as the City and Country of San Francisco. Motorola recently purchased Vigilant Solutions which is a prohibited contractor.

In order to remain operable, the Fire and Police Departments will need to continue to procure Motorola brand equipment, such as radios, batteries, related equipment, and software updates. Depending on the lowest available pricing, sometimes this may require procuring directly with Motorola, or Red Cloud, as their authorized representative for this region.

Prohibition on Investment

Implementation of the investment portion of the ordinance includes monitoring of the City’s investments on a regular basis. The City of Richmond does not have any investments in stocks, bonds, securities, or other obligations issued by any provider of Data Broker or Extreme Vetting Services to ICE. The investment policy was revised to include the following restriction:

In accordance with the Sanctuary City Contracting and Investment Policy Ordinance 12-18 N.S. Section 4 Prohibition on Investments effective June 5, 2018, the City shall not make any investments in stocks, bonds, securities, or other obligations issued by any provider of Data Broker or Extreme Vetting services to United States Immigration and Customs Enforcement (ICE).

The ordinance also requires the City to adopt a plan with respect to pension fund investments in order to avoid investments in such entities. City employees are part of the California Public Employees’ Retirement Systems (CalPERS). The City contacted CalPERS and encouraged them to avoid investing in such funds per the City ordinance and investment policy.

COMPLIANCE

Finance staff continues to work with all departments to ensure that all contracts are in compliance with the ordinance. Finance staff also monitors the City’s investments on a monthly basis to confirm these conform with the ordinance. During the 2023 calendar year, one contract was impacted by this ordinance. As noted above, terminating the contract with Motorola would have a significant public safety and financial impact on the City.

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April 16, 2024
City staff recommends that the City Council make a finding that Motorola be granted a waiver given the specific circumstances surrounding the contract with the City.

DOCUMENTS ATTACHED:

Attachment 1 – City of Richmond Ordinance 12-18 - Sanctuary City Contracting and Investment Policy Ordinance
Attachment 2 – Departmental Sanctuary City Compliance Statement Attachment 3 – Vendor Sanctuary City Compliance Statement

107
108
109
110

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, Department Head of the______________________________ Department (hereafter "Department"), has had an opportunity to review the requirements of City of Richmond Ordinance 12- 18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). The department understands and agrees that the City shall not enter into a new contract or agreement, nor amend or extend an existing contract or agreement 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”). Department 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."

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

By executing this Statement, Department certifies that it has complied with the requirements of the SCCO during the 2023 Calendar Year. If at any time the Department ceases to comply, Department will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 2024 , at , California.

Department Head
Printed Name: Signature :

Name of Department: Date:

Department SCCO Compliance Statement (Augt2020)
111

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:

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.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
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April 16, 2024

Finance Department

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager – Internal Services
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Subject:

State Auditor’s Recommendations Corrective Action Plan
May 2024 Update
FINANCIAL IMPACT: No Fiscal Impact

PREVIOUS COUNCIL
ACTION:

December 20, 2022
May 2, 2023
June 27, 2023
July 11, 2023
October 17, 2023

STATEMENT OF THE
ISSUE:

California State Auditor’s 2021-806-Audit Corrective
Action Plan, May 2024 Update
RECOMMENDED ACTION:

RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – Finance
Department (Andrea Miller 510-620-6790/Mubeen Qader
510-412-2077).

DISCUSSION:

On April 4, 2022, the City of Richmond was notified by the California State Auditor regarding an audit of the City as approved by the Joint Legislative Audit Committee on June 30, 2021. The State Auditor’s local audit program identifies and supports local government agencies that might be at high risk based upon analysis of the City’s audited financial statements. Richmond’s risk assessment began in February 2021 based upon the City’s June 2020 financial statements.

AGENDA
REPORT
113

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April 16, 2024
The audit was initiated in May 2022 and was completed and published on November 10, 2022. During the audit process, the State Auditor held meetings with City staff members to review and discuss many aspects of the City’s financial management procedures and protocol. In compliance with the State Auditor’s request, City staff members provided complete access to the City’s financial data and systems.

State Auditor Recommendations:

At the conclusion of the audit, the State Auditor formalized eleven (11) recommendations that the City has grouped into three broad areas: (1) Budget Strategy, (2) Housing Authority Administration, and (3) Operations, as summarized below:

Budget Strategy

1. Review/Update Fund Balance Reserve Policy

2. Identify Contingent Budget Balancing Options

3. Expand 5-Year Financial Projection Model with Risk Scenarios

4. Review/Update Pension Funding Policy

5. Review/Update OPEB Funding Policy

6. Update Workforce/ Position Analysis

Housing Authority Administration

7. Complete Housing Authority Recovery Agreement Actions

8. Execute Housing Authority/ City Administration Agreement

Operations

9. Review/Update Contract Compliance Documentation Process

10. Review/Update Contract Compliance Checklist

11. Review/Update Fee Schedule Policy

In response to the State Auditor’s report, and after the City Council’s review on December 20, 2022, the City provided a Corrective Action Plan on December 21, 2022.

California Code of Regulations, Title 2, Section 61140 requires submitting subsequent updates every six months from the issuance of the State Audit report. The City submitted its first six-months Corrective Action Plan update in May 2023 and a supplemental update in June 2023. The next six-month update was submitted in November 2023.

City’s Corrective Action Plan May 2024 Update

The City entered into a contract with Raftelis to perform State Audit Recommendation Number six, Update Workforce/Position Analysis. At the February 20, 2024 City Council meeting, the City Council received, on consent, an update on the workforce analysis.

Raftelis is in the process of finalizing their report and this report will be submitted to the State Auditor upon completion.

114

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April 16, 2024
The full California State Auditor’s report regarding the City of Richmond is available on the weblink here: https://www.auditor.ca.gov/reports/2021-806/index.html

Next Steps

City staff will continue to monitor and revise the City’s financial policies annually.

DOCUMENTS ATTACHED:

Attachment 1 – State Corrective Action Plan May 2024 Update 115
Recommendation
Number Description Responsible for
Implementation
Time
Frame Corrective Action Plan May 2023 Update June 2023 Supplemental Update November 2023 Update May 2024 Update 1 To help ensure that Richmond maintains appropriate reserves for times of fiscal uncertainty, city staff should, by June 2023, review Richmond's reserve policy to determine whether a higher reserve target is appropriate. As part of the review, staff should consider all the factors the Government Finance Officers' Association (GFOA) recommends for setting a reserve target. Once that review is complete, city staff should present proposals to the city council for modifying the city's policy.

City Manager Office
&
Finance
6/30/2023
Schedule City Council review/consideration of updated General Fund reserve policy in March 2023 for implementation in the Fisacl Year (FY) 2023-2024 Budget, for adoption by June 2023.

Staff presented GFOA best practices to the City
Council on May 2, 2023, with the first draft budget for FY23-24
Staff presented GFOA best practices to the City
Council on May 2, 2023, with the first draft
budget for FY23-24. Based on the GFOA best
practices, on June 27, 2023, the City Council adopted
a revised Cash Reserve Policy (see Attached, Cash
Reserve Policy)
Completed per June 2023 supplemental
update.

Completed per June 2023 supplemental
update. Annual financial policy review and
update to Council in May 2024.
2 To decrease the risk that Richmond will deplete its reserves, city staff should, by June 2023, present to the city council a list of proposed budget actions that would help ensure balanced budgets and eliminate projected deficits.

City Manager Office
&
Finance
6/30/2023
Present contingent, long-term budget balancing options with the FY 2023- 2024 proposed budget, by June 2023.

Staff presented a balanced first draft of the FY23-24
budget on May 2, 2023, to adopt a balanced budget by
June 30, 2023
The City Council adopted a balanced budget for Fiscal
Year 2023-2024 on June 20, 2023 (see Attached
Fiscal Year 2023-2024 Budget Staff Report)
Completed per June 2023 supplemental
update.

Completed per June 2023 supplemental
update. Proposed FY2024-25 budget
projections go to Council in May 2024.
3 Richmond should include multiple scenarios in its financial projections, including scenarios with potential additional risks, such as economic downturns or recessions, and how the city would continue to fund its operations under those circumstances.

City Manager Office
&
Finance
On Going
Present expanded 5-year financial projection with the FY 2023-2024 Proposed Budget, by June 2023.

Staff will present a draft five-year forecast (with
scenarios) to the City Council in June 2023, for review and discussion.

The City staff presented a multiple scenarios forecast
to the City Council on June 6, 2023. (see Attached
staff report that the City Council received the Five Year Forecast)
Completed per June 2023 supplemental
update.

Completed per June 2023 supplemental
update. Proposed FY2024-25 budget
projections go to Council in May 2024.
4 To ensure that Richmond is able to fund its retirement-relatedcosts, city staff should, by June 2023, propose to the city council a specific policy regarding funding of its pension trust fund for this purpose. Staff should report to the city council on estimated long-term savings from increasing its direct payments to Cal PERS compared to investing the same amounts in its pension trust fund. Staff members should use this information to inform their recommendations related to funding targets for the pension trust fund and should consider recommending that the council increase the city's payments directly to CalPERS.

City Manager Office
&
Finance
6/30/2023
Schedule City Council review/consideration of updated Pension funding policy in March 2023 for implementation in the FY 2023-2024 Budget, for adoption by June 2023.

The City has contracted with GovInvest to keep an on-
going monitoring of the retirement related costs and
impact of funding initiatives. First presentation to the City Council is expected on May 16, 2023
GovInvest presented a Pension Funding PowerPoint
presentation at the May 16, 2023, City Council
meeting and NHA Advisors presented a PowerPoint
presentation on CalPERS Unfunded Accrued Liability
Cost Management Strategies at the June 6, 2023, City
Council meeting. Based on these presentations the
City Council adopted a new Pension Funding Policy
(see Attached Pension Funding Policy)
Completed per June 2023 supplemental
update.

Completed per June 2023 supplemental
update. Annual financial policy review and
update to Council in May 2024.
5 To improve the city's ability to pay other post-employmentbenefits, Richmond should, by June 2023 and annually thereafter, implement a policy identifying funds, such as surpluses or one- time revenues that should be contributed to the OPEB trust fund. Staff should conduct an annual analysis to determine whether any funds availableto the city are applicable under the city's policy and should present a proposal to the city council to apply those funds to the trust fund.

City Manager Office
&
Finance
6/30/2023
Schedule City Council review/consideration of updated OPEB funding policy in March 2023 for implementation in the FY 2023-2024 Budget, for adoption by June 2023.

City staff will be presenting options to the City Council regarding OPEB-Prefunding on June 2023.

On June 27, 2023, City Council adopted a revised
OPEB Funding policy (see Attached OPEB funding
Policy)
Completed per June 2023 supplemental
update.

Completed per June 2023 supplemental
update. Annual financial policy review and
update to Council in May 2024.
6 To mitigate the costs of increasing salaries, the city should perform a workforce analysis by June 2024. Based on the results of the analysis, the city council should consider eliminating vacant positions that it deems no longer necessary. Additionally, the city should assess its need for each vacant position before it seeks to fill the positions and eliminate any positions that it does not need.

City Manager Office
&
Human Resources
6/30/2024
The City is issuing a Request for Proposal for a professional firm to conduct a formal workforce analysis. While the City evaluates the professional firms that replied to the Request for Proposal, the City will do an annual analysis of funded positions proposed by departments during the annual budget process, starting with the FY 2023-24 budget, by June 2023.

Due to time constraints of City Council meeting on
May 2, 2023, the results of the workforce analysis
RFP is tentatively scheduled to go to the City Council
on May 16, 2023.

Staff originally brought the results of the RFP to
perform a workforce analysis to the City Council on
May 2, 2023. Due to the large volume of agenda items,
the RFP was awarded to Raftelis to perform the
Workforce Analysis and the contract was approved by
the City Council on May 23, 2023.

Raftelis has started the workforce analysis,
in the first phase of the analysis, several
department and division heads were
interviewed to assess the current state of
workload and staffing levels. The study will
be concluded before June 30, 2024.

Raftelis provided an update which was
provided to Council on consent on
February 20, 2024 (see attached staff
report and Powerpoint).
7 To ensure compliance with federal requirements, Richmond should dedicate the resources necessary to provide records needed for an independent auditor to complete all outstanding single audits of the housing authority within the next fiscal year. To comply with existing legal obligations, Richmond should make available sufficient resources to enable the Housing authority to resolve all past due requirements of the recovery agreement and to meet the remaining deadlines in a timely manner by January 2024.

City Manager Office
&
Richmond Housing
Authority
1/1/2024
Identify and assign resources to complete Housing Authority Single Audit backlog by June 30, 2023. Identify and assign resources to complete Housing Authority Recovery Agreement actions by January 2024.

The City has made the following resources available to
RHA: Senior Accountant, Outside Consultant,
Accountant I, Interim Director Housing Authority.

Please see recommendation number 8 supplemental
update
Completed per June 2023 supplemental
update.

Resources have been provided per May
2023 update. Audit completion is in
progress.
8 To define Richmond's responsibility related to the housing authority, Richmond should immediately enter into a written agreement with the housing authority defining each entity's financial responsibilities and draft plans to resolve past tax liabilities and prevent unnecessary new liabilities.

City Manager Office
&
Richmond Housing
Authority
2/28/2023
Draft and Schedule City Council consideration of Housing Authority Administration Agreement by February 2023.

The City and RHA are in process of preparing a draft
written agreement regarding tax liabilities and
prevention of unnecessary new liabilities.

On June 27, 2023, City Council approved a written
agreement between the City and the Richmond
Housing Authority (see Attached, Richmond Housing
Authority & City Administrative Services Agreement)
Completed per June 2023 supplemental
update.

Completed per June 2023 supplemental
update.
9 To ensure that Richmond is receiving the best value when entering into contracts, city staff should immediately begin documenting that they are following the contracting requirements in the city's municipal code and contracting policies for all contracts.

City Manager Office
&
Finance
6/30/2023
Draft and implement Contract Compliance Documentation processes by June 2023.

City staff conducted an assessment of training
materials to ensure compliance with contracting
requirements in the City's Municipal Code and
contracting policies. Staff prepared training programs to help employees develop the knowledge and skills to
ensure compliance. [See Attached pdf Contract
Compliance Training]
See May 2023 update Completed per May 2023 update. Completed per May 2023 update. Annual Policy review and updates go to Council
May 2024.
10 To reduce potential errors and omissions by city staff members when contracting for goods and services, by January 2023 Richmond should require its finance department to create a comprehensive checklist of required documentation for contract files that other departments must follow when conducting procurements.

City Manager Office
&
Finance
6/30/2023
Draft and implement Contract Compliance Checklist by June 2023. City staff compiled comprehensive checklists that are being utilized in reviewing and approving all contracts to ensure that proper procurement procedures and
adherence to applicable City policies is being
followed. [See Attached pdf Contract Compliance
Checklists].

See May 2023 update Completed per May 2023 update. Completed per May 2023 update.

Additional updates to checklist have been
made and will be included with annual
policy review and updates to Council May
2024.
11 To ensure that city fees appropriately cover the cost of providing services, by June 2023, Richmond should determine a cost-effective frequency for updating its fee schedule to reflect all allowablecosts, including adjusting fees for inflation as appropriate.Richmond should then revise its municipal code as necessary.

City Manager Office
&
Finance
6/30/2023
Review and update the Fee Schedule policy for City Council consideration and update of Municipal Code as needed by June 2023.

On May 2, 2023 the City Council adopted an
ordinance (first reading) to update the Master Fee
Schedule annually (rather than quarterly).

On June 6, 2023, the City Council adopted an
ordinance revising the Master Fee Schedule to
annually (rather than quarterly). (see Attached revised ordinance)
Completed per June 2023 supplemental
update.

Completed per June 2023 supplemental
update. Public Hearing for Master Fee
Schedule updates in May 2024.

City of Richmond
California State Auditor's 2021-806-Audit Corrective Action Plan May 2024 Update
116

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February 20, 2023

Human Resources

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

Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources

Subject:

Raftelis Workforce Analysis Update
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

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

RECOMMENDED ACTION:

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

DISCUSSION:

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

DOCUMENTS ATTACHED:

Attachment 1 - Raftelis PowerPoint
AGENDA
REPORT
February 20, 2024
117
City of
Richmond
Workforce Analysis:

Status Update and Overview
February 20, 2024
Photo courtesy of Benjamin Garcia (cropped - Flickr)
118

1. State Audit Recommendations

2. Overview of Workforce Analysis

3. Project Scope and Timeline

4. Citywide Staffing Overview

5. Workload vs. Work Planning

6. Prioritization

7. Preliminary Recommendations

8. Next Steps
2 Agenda
119
3 State Audit
• On April 4, 2022, the City of Richmond was notified by the State Auditor that they would be conducting an audit of the City as approved by the Joint Legislative Audit Committee on June 30, 2021.
• The State Auditor’s local audit program identifies and supports local government agencies that might be at high risk based upon analysis of a City’s audited financial statements. Richmond’s risk assessment began in February 2021 based upon the City’s June 2020 financial statements.
• The audit formalized eleven (11) recommendations to the City. The 6 th
recommendation pertained to conducting a workforce analysis to mitigate the costs of increasing salaries. The City should perform a workforce analysis by June 2024. • Based on the results of the analysis, the State recommended that the City Council should consider eliminating vacant positions that it deems no longer necessary.

Additionally, the City should assess its need for each vacant position before it seeks to fill the positions and eliminate any positions that it does not need. 120
4 Affordability Analysis in Progress
• Comfortable with 650 FTEs maximum until Workforce Analysis is completed
• Total of 753 budgeted FTEs for FY2024, of which 607 are General Fund
• FY2023-24 vacancy factor of 6% / $11.2M included in the adopted budget, which equates to 40 FTE
› $11.2M / $279,927 = 40 FTE
121
5 Overview
The City entered to a contract with Raftelis in May 2023 to conduct a Workforce Analysis. The purpose of the Workforce Analyst was to:
• Reassess the Size of the City Staff: Meet with Department Directors via the City Manager and Human Resources Director to assess staffing needs to determine if the department needs fewer additional staff than their vacancies would suggest. • Succession Planning and Vacancies: The City would like to take a measured approach to filling vacancies. By taking a measured approach to filling vacancies, this will allow the City time to determine whether any departments, including Police and Fire, should or could operate with a smaller staff. While taking a measured approach to filling vacancies there needs to be an analysis of potential retirements to determine proper succession planning.
• Department Analysis: Facilitate a variety of meetings between/among Department Directors to determine current workflow with the current staff in each division of each department to determine if the department is operating at optimum accuracy and efficiency. Produce a written document that summarizes this analysis with recommendations on workflow and staffing.
122
6 Project Scope
and Timeline
123
Project
Scope
7 • Reassess the size of City staff and
determine if vacant positions are needed
• Review succession planning and
recommend improvements
• Analyze department operations and
recommend improvements to workflow and
efficiency
124
8 BEGIN AND MANAGE

ENGAGEMENT

UNDERSTAND

CONTEXT

ANALYZE

STAFFING

PREPARE

PRELIMINARY

OBSERVATIONS &

RECOMMENDATIONS

PREPARE PROJECT
REPORT
Major Activities
• Hold kick-off
meeting
• Collect data and
documents
• Provide regular
status updates
Major Activities
• Interview City Council
• Meet with City
Directors
• Interview key staff
• Document key
processes
• Review documentation
• Prepare Service Level
Matrix
Major Activities
• Analyze staffing levels
• Develop succession
planning criteria
• Identify efficiency
opportunities
Major Activities
• Prepare preliminary
observations and
recommendations
• Conduct follow-up
research
Major Activities
• Update presentation to
City Council
• Prepare draft report
• Draft report reviewed
with City staff and
bargaining units
• Final report
presentation to City
Council
August - Conclusion September - October October - December November – January January - March Project Timeline
125
9 Raftelis’ Analysis
• High-level Citywide review; not scoped to do deep-dive in each department • City has limited data to inform workload and resourcing • Difficult to determine whether service level expectations are impacted most by vacancies, resource constraints, or both
• Raftelis’ approach leveraged our industry knowledge layered upon information from staff interviews, documents, and available data 126
Proposed Report Outline
• Citywide Staffing Overview
› Vacancies
› Overtime
› Response to State Auditor
• For each Department, we will show:
› Staffing Level History
› Core Service Matrix showing programs breakdown and staffing levels › Key Observations
› Staffing Recommendations
› Operational Recommendations
10 127
11 Citywide
Staffing Overview
128
12 City Context
0 200
400
600
800
1000
1200
$0.0
$50.0
$100.0
$150.0
$200.0
$250.0
FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 Authorized FTEs
Revenue in Millions
City Staffing and Revenue
2005 - Present
GF Revenue (Inflation Adjusted) Authorized FTEs
129
13 Vacancies
• Average number
of vacancies and
average vacancy
rate by department
or division from
2022-24
Department/Division
Average
FTEs
Vacant
Average
Vacancy
Rate
POLICE 50.0 23.1%
PUBLIC WORKS 18.5 9.2%
FIRE 12.1 12.2%
COMMUNITY SERVICES (Employment & Training) 8.9 37.2%
FINANCE 7.1 17.1%
COMMUNITY DEVELOPMENT 6.7 15.6%
COMMUNITY SERVICES (Library) 6.7 20.8%
COMMUNITY SERVICES (Office of Neighborhood Safety) 6.1 39.3% CITY ATTORNEY'S OFFICE 4.2 27.3%
HUMAN RESOURCES 2.6 19.4%
ECONOMIC DEVELOPMENT (Arts & Culture, Environmental Health, Real Estate, and Port) 2.6 14.0%
COMMUNITY SERVICES (Recreation) 2.5 7.5%
INFORMATION TECHNOLOGY 1.9 8.9%
RICHMOND HOUSING AUTHORITY 1.6 21.7%
RENT CONTROL 1.0 8.0%
CITY MANAGER'S OFFICE 0.9 17.6%
DEPARTMENT OF CHILDREN AND YOUTH 0.7 25.5%
CITY COUNCIL 0.7 9.5%
COMMUNITY SERVICES (Administration, Social Services, and Transportation) 0.3 5.6% MAYOR'S OFFICE - 0.0%
CITY CLERK'S OFFICE - 0.0%
GRAND TOTAL ALL DEPARTMENTS 135.0 17.0%
130
14 Vacancies
FY24 Authorized
Positions =
753 FTEs
January 2024 Vacancies =
119 positions
(16%)
• The City has been operating at 83% staffing for the past three years • Filling vacancies is a top priority
• Progress made in last year, positions being filled more quickly • Many positive comments about Human Resources improvements 131
15 Overtime
116,260
138,165 144,209
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
2021 2022 2023 (Prorated)
Total Overtime Hours Citywide
288
318 335
-
50 100
150
200
250
300
350
400
2021 2022 2023 (Prorated)
Average Overtime Hours per Employee Citywide
• Average Overtime use from FY21-23 averages to approximately 63.7 FTEs • Almost half of the vacancies
• Top department overtime users:
• Fire Department (61,305 hours or 29.4 FTEs)
• Police Department (57,720 hours or 27.7 FTEs)
• Public Works Parks Division (5,827 hours or 2.8 FTEs) 132
16 Workload
vs.

Work Planning
133
Most staff time is already pre-
programmed for day-to-day
operations.

There is limited capacity for
new programs and initiatives.
134
Mandates
What is the City legally
obligated to do?
Community
What service level
expectations have been
set for residents over
time?
Council Priorities
How is the work of staff
advancing policy
priorities?
City Growth
What is the change in
the population of
customers served?
Workload
Drivers
What drivers increase or change
workload?
18 135
Work Planning
Process of defining how to
meet City Council goals.
19 Resource
Allocation
Timeline
Development
Task
Identification
136
20 Prioritization
137
Priority Setting
• Guidance – with limited financial resources
what should be our focus?
• Policy decision – is it better to do a lot of
things “okay” or focus on fewer things and do
them “really well”?
• Fiscal equity – what is appropriate for
taxpayers to fund versus individual users?
• We recommend starting with specific criteria
against which to rank individual programs and
services to focus the discussion
138
22 Core Service Level Matrix
• Subjective ranking system to begin to prioritize programs and services › There is no “right” answer
• Raftelis ranked City programs and services using six criteria:

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

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

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

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

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

6. How many customers does this program serve?
139
23 Core Service Levels Matrix Results
Department Ranking
Fire 3.2
Public Works 2.8
Community Development 2.7
Police 2.6
Community Services 2.5
Executive Offices* 2.3
Economic Development 2.1
Internal Services** 1.8
• Raftelis team ranked each
criterion on a scale from 1 (low)
to 5 (high)
• Results slightly atypical; police is
usually at the top
• Impacted by City Council’s
goals
*Executive Offices = City Manager’s Office, Mayor’s Office, City Attorney’s Office, and City Clerk’s Office **Internal Services = Human Resources, Information Technology, and Finance 140
24 Preliminary
Recommendations
141
25 Response to the State Auditor
• Current staffing levels do not support current service level expectations › Heavy reliance on overtime to meet certain core services due to vacancy levels – As noted earlier, primarily in Fire, Police, and Public Works • Meeting current service level expectations and Council goals requires additional authorized staff
• To provide best practice service for the current menu of programs and services, the City needs additional positions beyond filling the existing vacancies • Financial analysis is required to determine what level of staffing the City can afford
• Fill vacancies first and then add staff only as ongoing revenue growth can support the positions
• Critical not to use one-time funds for ongoing staff positions 142
Looking Ahead…
• City’s ability to provide service is rooted in two paths:

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

2. Growing Revenues = Consider Adding New Programs
Address community needs and Council priorities with augmented staffing and outside contractor use
26 143
Reallocate Existing Resources
• Fill vacancies in core service areas first
› Police, Fire, Public Works
• Increase investment in technology to streamline internal business process efficiency and data to drive decision-making
• Decrease general fund investment in programs serving fewer residents in favor of grants, cost recovery, and non-profit sector • While the City’s unassigned General Fund reserves are increasing, current-period (annual budget) resources remain limited › Some of the increase in reserves may be the result of salary savings and not “real” revenue growth
› Invest in those areas that will pay off in the future 27 144
Grow Revenues
• Increase investment in economic development to grow future revenues and local job opportunities
• Increase investment in public safety (fire and police) • Increase service levels related to property safety and quality of life issues
• Safety is an economic development investment;
businesses need assurance of safety to settle in a
community
• Increase investment in code enforcement to improve
community safety and aesthetics
28 145
• Finalize draft report
• Review with staff to ensure
accuracy
• Provide final report by end of March
• Ensure City Council Goals and
Workforce Analysis align
29 Next Steps
146
Contact:

Rebekka Hosken, Project Manager
818.632.4086 / [email protected]
Thank you!
147

Page 1 of 2 ends

April 16, 2024

Human Resources

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources

Subject:

Employee Recognition Program Expenditure Approval
FINANCIAL IMPACT: Expenditure is not to exceed $30,000 for employee lapel pins (01817090-400322).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is seeking City Council's approval to procure lapel pins designated for employee service awards aimed at cultivating a culture of recognition and appreciation within the organization. This initiative is intended to elevate employee morale, motivation, and overall
engagement.

RECOMMENDED ACTION:

APPROVE expenditure of up to $30,000 for the sole-
source purchase of lapel pins for employee service
awards – Human Resources Department (Nickie
Mastay/Sharrone Taylor 510-620-6602).

DISCUSSION:

The City of Richmond highly values the efforts of its employees to provide seamless service to the community. To promote a culture that recognizes and rewards positive AGENDA
REPORT
148

Page 2 of 2 ends

April 16, 2024
performance, creative thinking, competent and responsive public service, and loyal, tenured employees, it is essential to create a robust Employee Recognition Program.

Unfortunately, due to budget cuts and constraints, the formal employee recognition program has been suspended since 2017. However, the City is working to reinvigorate the program by introducing recognition tools such as the Rosie-Grams. In addition, an Employee Recognition Event is scheduled for April 18 to acknowledge the efforts of all employees.

Moreover, the City wants to recognize employees who were not acknowledged for their service levels in 2017-2023 by presenting them with lapel pins and certificates. City Council approved an appropriation of $50,000 for Employee recognition programs at mid-year. Since the expenditure for the single purchase of lapel pins is over $10,000, approval for the purchase and transfer of funds is required from the City Council.

DOCUMENTS ATTACHED:

Attachment 1 – Terryberry Quote
Attachment 2 – Sole-Source Justification
149
150
Page | 1 Sole Source Form – Rev. May 12, 2016

City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)

Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

(if additional space is needed, include them in a separate page)

Terry Berry
Crystal Smith
2033 Oak Industrial Dr. NE
Grand Rapids
MI
49505
616
265-5029
[email protected]
N/A
45,000 over 3 years
01917090 400322
X
X
X
Custom designed City of Richmond logo lapel pins for employee years of service recognition awards.

Terry Berry is a preferred vendor to produce our service awards pins because the pins previously used were a custom designed with Terry Berry for the City of Richmond and we want to ensure our lapel pins are consistent with previous years distributions. Since we have used Terryberry in previous years, they have the die for the pins and we will not need to pay the set up fee again.

Service award pins are a yearly recognition for the City of Richmond and providing consistency allows for a streamed line, efficient process from year to year and we desire to keep the design aesthetic of the awards consistently from year to year. 151
2 | Page

Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

(if additional space is needed, include them in a separate page)

Terry Berry was selected as the vendor to provide service awards lapel pins for those achieving mile stone anniversary in previous years, including 2023. At the time it wasn't clear we would need to purchase for prior years missed. Plus since the program is commencing again, we need to ensure we receive the same lapel pins over the next few years. 152
3 | Page
I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Depa
rtment: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________ -----
---------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

APPR
OVED: ____________________ DATE: ___/___/___

NOT APP
ROVED: ________________ COMMENTS:
_____________________
_______ ______________________________
City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PRO
CEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements.

Human Resources
Sharrone Taylor
Rozma Paiz , Human Resources Analyst I
3 27
24 03/25/2024
03/22/2024
153

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April 16, 2024

Human Resources

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager – Internal Services
Sharrone Taylor, Director of Human Resources
Subject:

Amend Contracts with Temporary Employment Staffing
Agencies
FINANCIAL IMPACT: Human Resources is requesting an additional $100,000 to add to the not-to-exceed amount of $200,000 per
contract. Funding for each contract will be in each
department’s Professional Services budget.

PREVIOUS COUNCIL
ACTION:

April 5, 2022

STATEMENT OF THE
ISSUE:

The City of Richmond benefits from procuring temporary
staffing contracts to help support City departments during critical staffing deficits and special projects. City staff members are requesting to increase the contract limits.

RECOMMENDED ACTION:

APPROVE first amendments to contracts with temporary
employment staffing agencies, TemPositions and
AppleOne, to increase the contract limit by $100,000
each, for a total amount not to exceed $200,000 for each contract, and extending the terms of both agreements to June 30, 2025 – Human Resources Department (Nickie
Mastay/Sharrone Taylor - 510-620-6602).

AGENDA
REPORT
154

Page 2 of 2 ends

April 16, 2024
DISCUSSION:

In 2022, the City of Richmond established a pool of temporary agencies that are utilized during critical staffing shortages or for special projects such as Measure U implementation. The City established contracts with TemPositions and AppleOne to provide these services, in an amount not to exceed $100,000 per contract.

The City has used temporary agencies over the past two years to support departments with critical positions when employees are out on extended medical leave or to provide temporary support during the recruitment process. The City believes that utilizing the services of temporary employment agencies is in its best interest to keep the flow of its services uninterrupted. We have seen that temporary agencies can quickly fill immediate needs because they have a ready pool of candidates interested in temporary employment and are not actively job searching. Moreover, the candidates have already been thoroughly vetted and screened, saving the City considerable time, money, and effort, and allowing expedited staff placement.

The Human Resources Department is requesting approval to increase the payment limit and extend the term of each contract to continue to have temporary employment services available to cover critical positions.

RECOMMENDATION:

Approve the first contract amendments with both TemPositions and AppleOne to increase the payment limit by $100,000 per contract, for a total amount not to exceed $200,000 per contract, and extending the term of both agreements through June 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – April 5, 2022, Staff Report Establishing Temporary Agency Pool Attachment 2 – TemPositions Service Contract
Attachment 3 - TemPositions Service Contract Amendment
Attachment 4 - AppleOne Temporary Agency Service Contract Attachment 5 - AppleOne Temporary Agency Service Contract Amendment

155

Page 1 of 3 ends

April 5, 2022

Human Resources

DATE: April 5, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Anil Comelo, Interim Deputy City Manager

Subject:

Approve a Pool of Temporary Agencies to Temporarily
Fill City-Wide Critical Vacancies and to Staff Special
Projects
FINANCIAL IMPACT: Funding for each city-wide contract will come from the approved FY 2021-2022 Professional Services budgets
for the Finance Department and/or the Community
Services Department-Employment and Training Division
and would not exceed $100,000 per contract over the
three-year term. Currently, there are two firms the City is interested in working with. There is an immediate need in the Finance department to assist with Measure U
implementation.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City of Richmond would benefit from the
procurement of temporary staffing contracts to help
support City departments during temporary critical
staffing deficits and special projects.

RECOMMENDED ACTION:

APPROVE a pool of temporary staffing agencies to be
utilized by the Finance Department and the Community
Services Department – Employment and Training
Division, for a total amount not to exceed $200,000, with a $100,000 limit per contract, for a three-year period from April 5, 2022, to June 30, 2025 - Human Resources
Department (Anil Comelo/Sharrone Taylor 510-620-
6600).

AGENDA
REPORT
156

Page 2 of 3 ends

April 5, 2022

DISCUSSION:

The City of Richmond currently has several critical and hard-to-fill vacancies on the Measure U Implementation Team. The Measure U Implementation Team requires a large pool of administrative support to field calls, provide information to our business owners, perform data entry, and support successful execution of this vital measure.

Unfortunately, since the formation of the Measure U Implementation Team, seven out of eight temporary Accounting Assistants found other employment or left for different reasons in the span of two weeks, which left the team in dire straits.

Therefore, it is in the City's best interest to utilize the services of temporary agencies to fill vacancies for these types of special projects or temporarily staff critical vacancies.

The advantage of using a temporary agency is that they often have a ready pool of candidates interested in temporary employment and therefore are not "job searching." In addition, the candidates have been thoroughly vetted and screened, thus saving the City considerable time, money, and effort and consequently allowing expedited placement of staff.

Engagement of the temporary agencies will not stop the City's efforts from recruiting for these critical positions. In addition, the City is implementing a cross-training program, particularly for the Measure U implementation, to give employees the opportunity to broaden their skillset and assist departments that are short-staffed. Thus far, in addition to the Accountant Assistant II hires, the City has opened job announcements for the Office Aide, Office Clerk/Cashier, and Administrative Student Intern classifications, and has partnered with the Community Services Department – Employment and Training (E&T) Division to conduct a specialized recruitment to staff the Measure U Implementation Team. Recruitments through the Human Resources Department and E&T’s YouthWORKS program continue to be the City’s priority, but recruitments take time. As the City continues our efforts, the establishment of the temporary agency pool will be a safety measure if staffing levels drop to critical levels again.

Per Section 2.52.330 of the City of Richmond's procurement code, the City is opting to utilize the Request for Proposals (RFP) or "piggyback" on a current procurement for similar services. The City of Oakland recently released an RFP and received five bids.

After a competitive process, in which two firms were screened out, the City of Oakland selected HR Management Staffing, AppleOne Employment Services, and TemPositions, to provide temporary staffing services to their city departments. The City of Richmond Human Resources staff sent an inquiry to the three agencies qualified through the City of Oakland’s RFP, and only received responses from AppleOne and TemPositions. Both responding agencies are well established, highly qualified, and have proven performance records on providing competent and skilled candidates.

RECOMMENDATION:

It is recommended that the City Council approves the establishment of a temporary agency pool.
157

Page 3 of 3 ends

April 5, 2022

DOCUMENTS ATTACHED:

Attachment 1 - TemPositions Service Contract
Attachment 2 - AppleOne Temporary Agency Service Contract Attachment 3 - City of Oakland RFP Vendor Summary
Attachment 4 - City of Oakland RFP
158

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.

HRMD
Sharrone Taylor
[email protected]
(510) 620-6803
15330
Temporary Staffing Services on an as needed basis
TemPositions
650 California Street, 7th floor
San Francisco, CA 94108
Liz Truitt-Beam, CSP
(415) 696-5126
[email protected]
April 5, 2022
June 30, 2024
100,000
✔
DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 159

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
TemPositions
DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D Managing Director - California
4/20/2022
DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 160
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:

See "Client Letter of Agreement" attached
Human Resources Director
TemPositions
DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 161
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.

Sharrone Taylor
TemPositions
HRMD
Sharrone Taylor
DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 162
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:

TemPositions
TemPositions
Sharrone Taylor
450 Civic Center Plaza
650 California Street, 7th floor
San Francisco, CA 94108
DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 163
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, DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 164
General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

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

DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 165
General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

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

DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 166
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 DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 167
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 DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 169
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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 DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 170
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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 DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 171
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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 DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 172
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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.

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 DocuSign Envelope ID: 884AF7D7-53C8-4FC6-BE88-2FC376FE241D DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 174
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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.

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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.

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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):

TemPositions
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CLIENT LETTER OF AGREEMENT

This letter represents the Agreement (“Agreement”) between __________________________ (CLIENT) located at ____________________________________________ and The TemPositions Group of Companies and all its divisions/affiliates which include, but are not limited to, TemPositions, CompuForce, The Creative Bureau, AcctPositions, TemPositions Health Care, HR Staffing Solutions, School Professionals, TemPositions Eden Hospitality, On Call Counsel and TemPosit ions Logi stics (hereafter referred to collectively as "TEMPOSITIONS") located at 622 3rd Avenue, New York, NY 10017 for the provision of staffing services.

1. SERVICES
Temporary Staffing : TEMPOSITIONS shall provide staffing services, which include recruiting, screening, interviewing and assigning candidates (“Assigned Employees”) to work through TEMPOSITIONS at CLIENT. CLIENT will determine the exact hours of service. If an Assigned Employee is confirmed for an assignment, at least four hours’ notice is required to cancel that assignment or CLIENT will be billed for a four-hour minimum.

Direct-Hire: TEMPOSITIONS will provide recruiting services to fill various direct- hire positions identified by CLIENT. Recruiting services include identifying position requirements with CLIENT, sourcing, interviewing and proposing prospective candidates (“Referred Candidates”), scheduling CLIENT interviews and facilitating on-boarding negotiations with the chosen Referred Candidates.

2. RELATIONSHIP
All Assigned Employees rendering services under this Agreement are employees of TEMPOSITIONS and are not employees of CLIENT, except for workers’ compensation purposes where TEMPOSITIONS is the “general” employer and CLI ENT is a “special” employer. TEMPOSITIONS shall have the sole responsibility to pay Assigned Employees’ wages and provide them with the benefits that TEMPOSITIONS offers them; pay, withhold and transmit payroll taxes; provide unemployment insurance and workers’ compensation benefits; handle unemployment and workers’ compensation claims involving Assigned Employees; require Assigned Employees to sign agreements acknowledging that they are not eligible for or entitled to participate in any benefits plan offered or provided by CLIENT; require Assigned to sign confidentiality agreements as a condition of their acceptance of an assignment(s) with CLIENT ; and comply with federal, state and local labor and employment laws applicable to Assigned Employees, including the employer shared responsibility provisions of the Patient Protection and Affordable Care Act (‘ACA”) relating to the offer of “minimum essential coverage” to “full-time” employees (as those terms are defined in Code §4980H and related regulations) and the applicable employer information reporting provisions under Code §6055 and §6056 and related regulations.

450 Civic Center Plaza, Richmond, CA 94804
City of Richmond
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CLIENT understands and agrees that TEMPOSITIONS will fulfill staffing requests either directly or through use of subcontractors who are part of a special network developed by TEMPOSITIONS (“Consortium Members”). Consortium Members will adhere to the same fulfillment standards and conditions as outlined in this Agreement. Order receipt, distribution, communication with CLIENT, time capture, time approval, billing and reporting will be handled by TEMPOSITIONS.

In addition to TEMPOSITIONS’ duties and responsibilities set forth herein , TEMPOSITIONS, as the common law employer, has the right to physically inspect the work site and work processes ; to review and address, unilaterally or in coordination with CLIENT, Assigned Employee work performance issues; and to enforce TEMPOSITIONS’ employment policies relating to Assigned Employee conduct at the worksite.

CLIENT shall be responsible for CLIENT’s business operations, products, services, and intellectual property; properly supervising Assigned Employees and their work; notifying TEMPOSITIONS immediately if an Assigned Employe e’s performance is unsatisfactory; safeguarding and controlling all aspects of CLIENT’s business, including all applicable processes and systems; complying with any OSHA, CDC, State or other government agency protocols and safety guidelines to keep all individuals safe and healthy at the worksite (and immediately reporting to TEMPOSITIONS any known or observed hazards, or any injuries or illnesses suffered by an Assigned Employee); providing appropriate PPE as required by law; providing a workplace environment free from harassment and discrimination; and excluding Assigned Employees from its benefits plans, policies and practices and not making any offer or promise to Assigned Employees relating to their compensation or benefits. Consistent with the foregoing obligations, CLIENT shall implement and enforce protocols to ensure that each Assigned Employee’s use of any electronic communication equipment or software satisfies CLIENT’s safety and security standards, and that the Assigned Employee securely and properly maintains and timely returns to CLIENT all o f CLIENT’s equipment and property. CLIENT shall not change an Assigned Employee’s job duties or work location without TEMPOSITIONS’s express prior written approval.

TEMPOSITIONS does not guarantee the performance of any Assigned Employee and disclaims any responsibility for any claim, loss, or liability as a result of an Assigned Employee’s acts, omissions, or services. It is understood that CLIENT will not ask or permit Assigned Employees to use any vehicle or entrust them with unattended premises, cash, checks, keys, credit cards, merchandise, confidential or trade information, negotiable instruments or any other valuables without the prior written permission from TEMPOSITIONS, and then only when Assigned Employee’s specific duties necessitate such activity.

It is understood and agreed that all employees performing under this Agreement shall render services regardless of age, race, creed, color, national origin, sex , sexual orientation, religion, marital status, veteran status, disability, genetic information or predisposition, or any other protected status in accordance with applicable federal, state and local laws.

3. BILLING FOR TEMPORARY STAFFING
TEMPOSITIONS will bill CLIENT at a mutually agreed upon rate schedule. Assigned Employees who work overtime at CLIENT will be billed at time and one-half rates for any eligible overtime worked that week. TEMPOSITIONS will also advise CLIENT if time and one -half rates will apply for work on a recognized holiday. CLIENT agrees that the bill rates may be adjusted during the contract term to reflect the cost incurred by TEMPOSITONS due to an increase in or imposition of any City, State or Federally DocuSign Envelope ID: 75ADBCFD-1A88-46A5-90D2-81B91F69524B DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED 179

mandated employee benefit or payroll tax, including but not limited to Workers' Compensation, FICA, Disability and Unemployment Insurance charges, mandated health insurance premiums, mandated sick leave, and/or any other revised or instituted statutory payroll cost, tax or penalty paid by TEMPOSITIONS. In light of the newly imposed Covid- 19 paid sick leave laws which provide for coverage in cases of employees requiring time to receive vaccination, being quarantined or prevented from work, the cost of such government mandated sick leave will be passed along to CLIENT and billed as if the employee worked those days. There is a four-hour daily minimum on all assignments.

CLIENT will be invoiced weekly; the billing week begins on Monday and ends on Sunday. The electronically approved time sheet is the basis for the weekly invoice; Assigned Employees will record their time using the e-timesheet system. CLIENT will receive automatic e-mails notifying them of hours needing their approval, with a link to the approval screen. An authorized electronic signature is required on each time sheet. The authorized person from CLIENT will make certain the hours on the time sheet are correct and complete before approving the time sheet except as expressly set for herein, CLIENT will be billed only for actual hours worked. Client must ensure that Assigned Employees do not engage in any unreported or “off the clock” work, which shall be s trictly forbidden. To ensure prompt payment for Assigned Employees, after first and second reminder e-mails are sent and no response is received, all time that is still pending approval after the time sheet approval deadline of Tuesday at 12:30 PM will automatically be deemed approved up to the scheduled hours for the week. CLIENT shall promptly report to TEMPOSITIONS any disputed hours worked and if a portion of any invoice is disputed CLIENT will timely pay the undisputed portion.

4. PAYMENT TERMS FOR TEMPORARY STAFFING
Payment is requested upon receipt of invoice. Payments received after the due date on the invoice will be subject to the late payment fee indicated on the invoice, unless otherwise agreed to by TEMPOSITIONS.

CLIENT will be responsible for any outside costs incurred for the collection of amounts due, including but not limited to reasonable attorney fees.

5. RIGHT TO HIRE ASSIGNED EMPLOYEES
CLIENT acknowledges that TEMPOSITIONS has incurred substantial recruitment, screening, training, administrative and marketing expenses with respect to its Assigned Employees. Accordingly, CLIENT agrees not to directly or indirectly employ Assigned Employees or otherwise utilize their services without written agreement from TEMPOSITIONS for a period of 180 days following the completion of an assignment. Should such employment or rendition of services ta ke place, either directly or indirectly, or through another staffing service, CLIENT agrees to pay TEMPOSITIONS a fee in the amount of 45 times the average daily bill rate for that Assigned Employee, unless other arrangements have been made in writing with TEMPOSITIONS.

a) Temp-to-Hire Option : In the event CLIENT wishes to hire an Assigned Employee, the conversion fee is 30% of the total compensation package offered to and accepted by the Assigned Employee, less the following discount:

HOURS WORKED DISCOUNT
0-320 0%
321-680 25%
681-1039 50%
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1040-1400 60%
1401+ 75%

*NOTE: The temp-to-hire conversion fee schedule may vary for Assigned Employees hired from our professional services divisions.

6. DIRECT HIRE SERVICES

Process: CLIENT will provide TEMPOSITIONS with a job description, compensation/benefits plan, and other requested details. In return, TEMPOSITIONS will identify prospective Referred Candidates for CLIENT. Client agrees to provide feedback on Referred Candidates wi thin 48 hours of submission.

Referred Candidates selected by CLIENT will then be made available for interview by CLIENT.

Fee: Should CLIENT choose to hire a Referred Candidate, it agrees to pay TEMPOSITIONS a recruitment fee of 30% of first year total annual compensation expected to be paid to the Referred Candidate. The fee for services is earned whenever a Referred Candidate is hired, directly or indirectly, for any position as an employee, consultant or independent contractor, by CLIENT, its affiliates, parents or subsidiaries, within one year of the most recent activity on behalf of TEMPOSITIONS’ referral. The fee is also earned in the event that CLIENT refers the Referred Candidate to another employer and the Referred Candidate is hired as an employee, consultant or independent contractor by such employer, within one year of the most recent activity on behalf of TEMPOSITIONS’ referral. The fee is also earned if a candidate is laid off during the Guarantee Period , (defined below), due to merger, downsizing or company reorganization, or resigns because CLIENT has significantly modified the candidate’s job duties or assigned him or her to another position. In addition to any fees, CLIENT agrees to pay all reasonable pre -approved expenses incurred by TEMPOSITIONS related to the performance of its services under this Agreement.

Payment Terms for Direct-Hire Services: Placement fees and related expenses are due within 10 days from the start date. Payments received after due date shown on the invoice will be subject to the late payment fee indicated on the invoice, unless otherwise agreed to by TEMPOSITIONS. CLIENT will be responsible for any outside costs incurred for the collection of any outstanding balance, including but not limited to reasonable attorney’s fees.

Guarantee: If the hired candidate’s employment is terminated within 60 days of the start date (“the Guarantee Period”), TEMPOSITIONS will conduct a search for a replacement candidate for the same position at no additional charge. Guarantee is only valid if fee has been paid within 10 days from the start date, TEMPOSITIONS is notified within five (5) days after the employee’s termination, and TEMPOSITIONS is permitted to locate a replacement on an exclusive basis.

Confidentiality of Referrals : All candidate referrals made by TEMPOSITIONS are made on a confidential basis and CLIENT shall hold TEMPOSITIONS harmless from any liability resulting from CLIENT’s unauthorized disclosure or misuse of information regarding any candidates or their candidacy.

Disclaimer: TEMPOSITIONS does not guarantee the performance of any Referred Candidate or the accuracy of information provided regarding a Referred C andidate, and disclaims any responsibility for claim, loss, or liability as a result of a Referred C andidate’s acts or omissions. TEMPOSITIONS urges CLIENT to conduct such investigations, as it deems necessary to verify candidate information or to obtain such other information, as it may deem relevant.

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Compliance with State and Local pre -offer information: Numerous localities, such as NYC , New York State, New Jersey, Connecticut and California have instituted laws which do not allow prospective employers to ask potential candidates about their salary history during the hiring process nor inquire about their criminal history prior to conditional offers of employment being provided. We comply with these laws across all our offices and ask our clients to agree to comply as well.

7. CONFIDENTIAL INFORMATION
Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third pa rties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of CLIENT’s confidential information will be imputed to TEMPOSITIONS as a result of Assigned Employees’ access to such information.

8. MUTUAL RESPONSIBILITY
Except for such damages, losses or liability arising from a party’s breach of the express provisions of this Agreement, neither CLIENT nor TEMPOSITIONS will be responsible for, or liable to pay the other for any damages, losses or liability.

9. TERM
This Agreement will be effective from the date of signing and shall remain in effect for one year from the date of the Agreement and will renew automatically unless cancelled by either party with 30 days’ notice, so long as TEMPOSITIONS is providing the services as outlined in this Agreement. The provisions of paragraphs 4, 5, 6, 7, 8, 10 and 11 shall survive the termination of this agreement.

10. SEVERABILITY
Should any part of this Agreement, for any reason, be declared invalid, such decision shall not affect the validity of any remaining parts of this Agreement. Such remaining parts shall remain in full force as if this Agreement had been executed with the invalid part eliminated.

11. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement creates, or will be deemed to create, third party beneficiaries of or under this Agreement. CLIENT agrees that TEMPOSITIONS’ obligations in this Agreement are to CLIENT only, and TEMPOSITIONS has no obligation to any third party (including, without limitation, CLIENT ’s personnel, directors, officers, employees, clients or visitors to its worksite.

12. ENTIRE AGREEMENT
This Agreement contains the entire written agreement of the parties and supersedes all prior agreements and understandings between the parties and may not be changed or modified without the express written consent of all parties to this Agreement. There are no representations, agreements, arrangements, or understandings, oral or written, be tween or among the parties hereto relating to the subject matter hereof that are not fully expressed herein.

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Accepted and Agreed to by:

__________________________ The TemPositions Group of Companies

Name Name

Title Title

Signature Signature

________________________________ _____________________________________ Date Date City of Richmond
DocuSign Envelope ID: 75ADBCFD-1A88-46A5-90D2-81B91F69524B 4/21/2022
Managing Director - California
Liz Truitt-Beam
DocuSign Envelope ID: 4446C297-9DC8-42EB-830B-91CE9CC77BED Sharrone Taylor
7/21/2022
Interim Human Resources Director
183
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.

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

Professional Services

Type 2 – Page 1 of 3

Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

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

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

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

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___ 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.

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

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

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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
Sharrone Taylor
[email protected]
(510) 620-6803
15330
6135
Temporary Staffing Services on an as needed basis
✔
1 TemPositions
650 California Street, 7th floor
San Francisco, CA 94108
Liz Truitt-Beam, CSP
(415) 696-5126
[email protected]
40062546
December 31, 2024
✔
April 5, 2022
April 5, 2022
June 30, 2024
100,000.00
188
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.

TemPositions
189
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

6135
1 TemPositions
April 5, 2022
June 30, 2025
100,000.00
200,000.00

N/A
190

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: / Ex
piration Date:

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.

Human Resources
Sharrone Taylor
[email protected]
(510) 620-6803
10433
Temporary Staffing Services on an as needed basis
Howroyd-Wright Employment Agency, Inc. dba AppleOne Employment Services 327 W. Broadway
Glendale, CA 91204
Diane Samia, Branch Manager
(707) 544-3769
[email protected]
40049725
November 11, 2022
April 5, 2022
June 30, 2024
100,000
✔
✔
DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 191

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
Howroyd-Wright Employment Agency, Inc. dba AppleOne
Employment Services
DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C CFO
10/14/2022
President
10/17/2022
MayoryMayor
192
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:

Howroyd-Wright Employment Agency, Inc. dba
AppleOne Employment Services
See "Conditions of Service" attached
Human Resources Director
DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 193
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.

Sharrone Taylor
Howroyd-Wright Employment Agency, Inc. dba
AppleOne Employment Services
Human Resources
Sharrone Taylor
DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 194
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:

Howroyd-Wright Employment Agency, Inc. dba
AppleOne Employment Services
Howroyd-Wright Employment Agency, Inc. dba AppleOne Employment Services Sharrone Taylor
450 Civic Center Plaza
327 W. Broadway
Glendale, CA 91204
DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 195
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 196
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.

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General Conditions/EJ/TE 01-19-11 3 of 13

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.

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 198
General Conditions/EJ/TE 01-19-11 4 of 13

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:

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 DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 199
General Conditions/EJ/TE 01-19-11 5 of 13

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.

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 200
General Conditions/EJ/TE 01-19-11 6 of 13

15. Indemnification
.

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 DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 201
General Conditions/EJ/TE 01-19-11 7 of 13

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 DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 202
General Conditions/EJ/TE 01-19-11 8 of 13

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.

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 DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 203
General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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 DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 204
General Conditions/EJ/TE 01-19-11 10 of 13

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

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.

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:

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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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.

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.

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 DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 206
General Conditions/EJ/TE 01-19-11 12 of 13

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

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 financed to perform the services under this Contract.

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

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.

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 208
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):

Howroyd-Wright Employment Agency, Inc. dba
AppleOne Employment Services

41. Sanctuary City Contracting Ordinance (SCCO) -- The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts 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 must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G, prior to the execution of this Agreement.

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 209
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

Howroyd-Wright Employment Agency, Inc. dba
AppleOne Employment Services
DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 210

Conditions of Service 2021 Page 1 of 5 AppleOne Confidential and Proprietary Information Legal Template 12182020

CONDITIONS OF SERVICE

This Conditions of Service (“ Agreement”) is between City of Richmond (“Client”) and Ho wroyd-Wright Employment Agency, Inc. dba AppleOne Employment Services (“ AppleOne”). In consideration of the parties’ mutual covenants, conditions, and promises contained herein, the parties agree as follows:

TEMPORARY AND TEMPORARY-TO-HIRE SERVICES

1. Employees or associates of AppleOne or any of its subcontractors temporarily assigned to Client shall be referred to in the singular as “Temporary Employee” and in the plural as “Temporary Employees.” Temporary Employees are subject at all times to Client’s direct and indirect supervision; AppleOne does not supervise such employees on their assignments. Client further agrees that while on assignment with Client, Temporary Employees shall not be permitted, without express advance written approval by an officer of AppleOne, to i) engage in travel or otherwise operate a motor vehicle or any non -office machinery or equipment on behalf of Client, ii) handle cash or valuables or negotiable instruments (Client shall also not pay Temporary E mployees directly or advance any funds to them.), iii) be permitted unsupervised or uncontrolled access to confidential or proprietary information, including confidential access codes, iv) be permitted unsupervised access to or control of Client’s business premises, v) remove any property of Client from Client’s business premises, vi) purchase, consume or distribute any alcohol, or vii) consume drugs, unless advance written authorization is provided by a physician. Should any Temporary Employee be permitted to engage in any of the activities described in i) - vii) above, AppleOne shall have no responsibility arising therefrom, and Client agrees to indemnify, defend and hold harmless AppleOne for any and all liabilities, losses, claims, injuries, suits, judgments, expenses, charges, fines, interest or penalties (collectively, “Losses”) resulting from the employee’s conduct.

2. Background check services are available for an additional fee to Client and must be agreed to in writing between AppleOne and Client. Background check services may be conducted by one or more of AppleOne’s preferred, third-party vendors (e.g., A-Check Global). Client shall indemnify, defend and hold harmless AppleOne for any and all Losses arising from or related to i) the background checks or the performance thereof and ii) AppleOne’s assignment of any Temporary Employees to Client, at Client’s request, before the full completion of Client- or AppleOne-required background checks, including any legal requirements associated therewith.

3. AppleOne provides its services in compliance with its obligations as an equal opportunity and affirmative action employer. AppleOne’s recruiting procedures are free of discrimination based on race, religion, ancestry, color, national origin, age, gender identity or expression, genetic information, marital status, medical condition, physical or mental disability, protected veteran status, sex (including pregnancy), sexual orientation, or any other characteristic protected by applicable federal, state or local laws. AppleOne also consider qualified applicants regardless of criminal histories, consistent with legal requirements.

4. Client agrees to immediately contact its AppleOne representative or the AppleOne Human Resources Hotline at (800) 270-9120 upon receipt of any complaint by a Temporary Employee regarding, but not limited to, any of the following: sexual harassment, discrimination, retaliation, bullying, wage and hour issues, meal and rest breaks or any other employment -related concern. Further, Client agrees to comply with the American with Disabilities Act and any local health accommodation requirements, and upon request by AppleOne, agrees to participate in an interactive process with AppleOne and any Temporary Employee who seeks a reasonable workplace accommodation.

5. Client agrees to indemnify, defend and hold harmless AppleOne and its subsidiaries and related entities, and all of their respective officers, directors, shareholders, employees, agents and representatives (collectively, “AppleOne Parties”) for Losses arising out of any violation of laws by Client. In addition, Client agrees to comply with all laws, regulations and ordinances relating to work site health and safety, and agrees to provide Temporary Employees a safe and healthful workplace. Client agrees to indemnify, defend and hold harmless AppleOne Parties for Losses arising out of Client’s violations of the Occupational Safety and Health Act of 1970, or any similar state law with respect to workplaces owned, leased or supervised by Client, and/or to which Temporary Employees are assigned. For any serious injury, illness or death of a Temporary Employee occurring in a place of employment or in connection with an AppleOne employee’s assignment with Client, Client shall notify AppleOne immediately (Notification to AppleOne is also required in the event of any accident or medical treatment.) and is DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 211

Conditions of Service 2021 Page 2 of 5 AppleOne Confidential and Proprietary Information Legal Template 12182020
required to report immediately, by telephone or fax, to the nearest Occupational Safety and Health Administration (“OSHA”) office. Client is authorized and required by AppleOne to make the report on behalf of both AppleOne and Client. Client shall provide to OSHA all information required by applicable law, as well as AppleOne’s name, address, phone number and contact person, and the Temporary Employee’s name. Client shall notify AppleOne immediately after the report has been made.

6. Client will not reassign or relocate a Temporary Employee without prior written authorization by AppleOne.

Client agrees to assume all liability for any third party claim arising after any reassignment or relocation that occurs without such authorization.

7. Client understands that Temporary Employees are assigned to Client to render temporary services, and that absent an agreement to the contrary, are not assigned to become employed by Client. Client acknowledges the considerable expense incurred by AppleOne to advertise, recruit, evaluate, train and quality control its employees. Client will not, without prior written authorization by AppleOne, hire an AppleOne employee, interfere with the employment relationship between AppleOne and its employee, or directly or indirectly cause an AppleOne employee to transfer to another temporary help service.

8. Client understands that AppleOne may refer candidates for Client’s evaluation or assign AppleOne employees to render temporary services at Client often while such persons seek direct hire employment through AppleOne. If Client, either directly or indirectly, such as through any company within Client’s control, solicits, offers employment to and/or hires any AppleOne candidate or employee as an employee or consultant in any position, or utilizes such person’s services through another temporary or outsourcing service, or any party affiliated with Client refers such person to any other employer and said person becomes employed by that employer: i) at any time from the date such person’s identity is provided by AppleOne to Client until six (6) months thereafter, or ii) within six (6) months after termination of such person’s temporary assignment through AppleOne at Client, whichever is the later, Client agrees to pay AppleOne a direct hire fee in accordance with AppleOne’s standard fee schedule stipulated by the parties to be equal to thirty percent (30%) of such person’s first year annualized wage or salary. Unless Client presents written evidence to AppleOne of Client’s prior knowledge of an AppleOne referred candidate i) within three (3) business days of AppleOne’s referral of such candidate to Client, or ii) prior to Client’s interview of such candidate , or iii) prior to AppleOne’s assignment of such candidate at Client, whichever is earliest, Client understands and agrees that Client is liable for the payment of any direct hire fee due to AppleOne pursuant to this Agreement.

9. AppleOne offers temporary -to-hire services to Client. An AppleOne employee temporarily assigned to Client is an employee of AppleOne until released to Client. Should Client be interested in hiring an AppleOne referred candidate or employee, Client shall contact AppleOne, who will establish the terms and conditions for releasing such person to Client’s payroll, including the conversion fee to be paid by Client if such terms are not otherwise agreed to between the parties. If any Client accounts are in default according to the payment t erms in Section 12, Client shall bring the accounts current prior to the hiring. If Client hires an AppleOne employee with a Client account in default, Client agrees to pay AppleOne a conversion fee equivalent to the direct hire fee as set forth in Section 8 of this Agreement.

INVOICING AND PAYMENT

10. Client understands that Temporary Employees must be paid weekly, and agrees to promptly review and approve or verify timecards or hours worked. Client agrees to pay and shall be liable for any and all charges incurred based upon Client approved or verified timecards or hours or similar information submitted by Client to AppleOne. If timecards or hours lack timely Client approval or verification, AppleOne will process payroll and invoices based upon the timecards or hours submitted by the employees.

11. Client shall reimburse AppleOne for any expenses that are incurred by AppleOne or Temporary Employees, which are reasonably related to or arise out of the services provided to Client or the discharge of duties by Temporary Employees for Client under this Agreement (“ Reimbursable Expenses”). Such Reimbursable Expenses may include a reasonable amount for Temporary Employee internet service or mobile device service for remote work, Client -required equipment and tools, Client -required uniforms, pre-employment health screening (e.g., COVID -19 testing) and fit for duty doctor’s visit costs. Expenses for travel shall not be invoiced or reimbursed unless such travel expenses have been previously authorized by Client.

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 212

Conditions of Service 2021 Page 3 of 5 AppleOne Confidential and Proprietary Information Legal Template 12182020

12. AppleOne shall invoice Client weekly for services and any other obligations hereunder. Client agrees that payment of invoices is due upon receipt. Client agrees that an account balance that remains unpaid thirty (30) days after the invoice date will be considered in default and that AppleOne may assess a default charge of one and one-half percent (1.5%) per month on any such balance. Client agrees to pay any such default charges and any costs of collection, including attorneys’ fees.

13. Client’s payment method (Check box.): ApplePay’s eCheck. Client may sign up at www.applepay.com. ACH/Other shall be discussed between Client and the AppleOne representative.

Notwithstanding anything to the contrary in this Agreement, in the event that AppleOne is subject to any third party fees or costs related to AppleOne’s compliance with Client’s invoicing or payment policies or practices (e.g., Ariba fees, credit card fees, etc.), AppleOne will pass such fees or costs through to Client without markup.

14. Client and AppleOne acknowledge that through the Patient Protection and Affordable Care Act of 2010, as amended (“ACA”), and regulations promulgated thereby, statutory requirements have been imposed upon certain employers of certain employees working in the United States. AppleOne is committed to fulfilling its ACA obligations through offering ACA -compliant benefits to eligible contingent workers, including Temporary Employees. In demonstrating Client’s commitment to ACA compliance, Client agrees to share in ACA -related costs by paying a $0.54 surcharge for each hour of service provided by each Temporary Employee. The surcharge will be billed to Client in a separate line item on the invoice.

15. Client, or
federal, state or local laws, either currently existing or enacted in the future, may mandate that Temporary Employees undergo specific training (e.g., sexual harassment prevention training), presentations and other curricula (“Trainings”), where the payment of wages is required by law. Unless otherwise agreed to by the parties in writing, the parties agree that AppleOne will invoice Client for the time spent by Temporary Employee on such Trainings, as well as for voting, as allowed by applicable law, according to the regular markup percentage or bill rate that AppleOne charges for such employee.

16. Federal, state or local laws, either currently existing or enacted in the future, may require AppleOne or Client to provide one or more Temporary Employees with certain paid sick, quarantine or COVID-19-related leave (Each such law is a “Paid Leave Law.”). AppleOne and Client agree to comply with all provisions of each Paid Leave Law with respect to Temporary Employees as such laws become effective. Unless otherwise agreed to by the parties in a writing, to address the costs for compliance with a Paid Leave Law, the parties agree that AppleOne will invoice Client for the paid leave of a Temporary Employee according to the regular markup percentage or bill rate that AppleOne charges for such employee provided that the criteria required for the payment of leave to such employee under applicable law has been met.

17. Unless otherwise agreed to by the parties elsewhere in the Agreement and/or in any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s), to the extent that AppleOne may be required to pay the Temporary Employee overtime under any federal, state or local law, AppleOne, as applicable, will bill Client i) based upon the Temporary Employee’s legally applicable hourly pay rate for overtime work plus the markup percentage for the Temporary Employee, or ii) an overtime bill rate, which will be calculated by applying a multiplier of 1.5 or 2.0 (for double time, where applicable) to the Temporary Employee’s hourly bill rate.

18. Additional agreed upon pricing for the services to Client under this Agreement may be set forth in one (1) or more exhibit(s) to this Agreement or as mutually agreed upon by the parties in writing. The parties agree that upon thirty (30) days’ written notice to Client, pricing under this Agreement may change if AppleOne’s expenses for statutory or other fixed costs increase, or if new or additional statutory or government-imposed taxes, fees or costs are incurred by AppleOne after the Effective Date. These taxes, fees or costs may include, but are not limited to those related to: Workers’ Compensation Insurance, State Unemployment Insurance, federal, state or local taxes , regulations or ordinances (including but not limited to Wage Determinations, Health & Welfare Benefits, SCLS/SCA, vacation pay, holiday pay, Paid Leave Laws or minimum wage laws), or an increase in the ACA surcharge. The parties agree that such written notice may be in the form of an electronic communication, including email.

OTHER TERMS

19. Despite anything to the contrary in the Agreement, Client shall defend, indemnify and hold harmless AppleOne Parties from and against any and all Losses to the extent caused by Client’s failure to inform AppleOne, in writing, that Client or any job orders or services hereunder, are subject to Federal Acquisition Regulation and/or DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 213

Conditions of Service 2021 Page 4 of 5 AppleOne Confidential and Proprietary Information Legal Template 12182020
Defense Federal Acquisition Regulation Supplement, Service Contract Labor Standards, formerly known as the McNamara-O’Hara Service Contract Act of 1965 (“SCLS/SCA”), Davis-Bacon Act of 1931, Federal Paid Sick Leave (EO 13706 ), or any other federal law where a security clearance or any kind of government -issued credential or designation is required.

20. To the maximum extent permitted by applicable law, neither Client nor AppleOne shall have any liability for any indirect, consequential, special or incidental damages, damages for loss of profits or revenues, whether in an action in contract or tort, even if such party has been advised of the possibility of such damages, unless such party has engaged in gross negligence or willful misconduct or the damages arise from a third party claim for which a party is entitled to indemnification in this Agreement.

21. This Agreement supersedes any and all other agreements, either oral or written, between the parties or anyone acting on behalf of a party hereto, with respect to the subject matter hereof. This Agreement contains all of the covenants, conditions, warranties, representations, inducements, promises or agreements (oral, written, on a website, or otherwise) (“Promises”) between the parties with respect to the subject matter hereof. Each party hereto acknowledges that no Promises have been made by any party , or anyone acting on behalf of any party, which are not embodied herein, and that no other Promises, which are not contained herein, shall be valid or binding. Any oral Promises or modifications concerning this Agreement shall be of no force or effect, except by a subsequent written amendment to this Agreement.

22. The confidential and/or proprietary information of the disclosing party will be held in strict confidence by the receiving party and will not be disclosed by the receiving party to any third party, or used by the receiving party for its own purposes, except to the extent that such disclosure or use is necessary in the performance by the receiving party of its obligations under this Agreement. The receiving party upon the request of the disclosing party will destroy or return all writings or documents that contain information subject to the protections of this section.

23. The laws of the State of California shall govern this Agreement, its interpretation and any disputes regarding the services. Any action concerning this Agreement or the services shall be instituted in the state or federal courts located in County of Los Angeles in the State of California, and AppleOne and Client agree to the exclusive personal jurisdiction of said courts and waive any rights to a change of venue. In the event that a party hereto commences any legal or equitable action or other proceeding, the prevailing party shall be entitled to recover reasonable attorneys’ fees in addition to any other relief.

24. This Agreement shall be in effect from the last date set forth below (“Effective Date”) and shall continue until terminated at any time by either party in writing. Absent a prior agreement between the parties, services provided by AppleOne to Client before the Effective Date shall be considered as having been provided subject to the provisions of this Agreement. The rights and obligations in this Agreement , which by their nature should survive, will remain in full force and effect following the termination of this Agreement.

25. In the event that any provision of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect.

26. As Client’s staffing supplier, AppleOne considers itself a critical vendor to Client, and AppleOne is committed to helping its clients through turbulent times. To ensure alignment on this issue, AppleOne requests and Client agrees that, in the unlikely event of a Client bankruptcy filing, that AppleOne will be a critical vendor of Client so that all services performed by AppleOne under this Agreement, or any other agreement between the parties, before and after any bankruptcy filing, are paid in accordance with the parties’ applicable contractual terms.

27. A waiver of a breach of any covenant, condition, or promise of this Agreement shall not be deemed a waiver of any succeeding breach of the same or any other covenant, condition, or promise of this Agreement. No waiver shall be deemed to have been given unless given in writing.

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Conditions of Service 2021 Page 5 of 5 AppleOne Confidential and Proprietary Information Legal Template 12182020

28. The parties agree that this Agreement (and/or any of the Agreement’s mutually agreed upon ancillary exhibit(s) or document(s)) may be electronically signed and that any electronic signature appearing on this Agreement (and/or such exhibit(s) or document(s)) is the same as a handwritten signature for the purposes of validity, enforceability and admissibility. Further, the parties agree that this Agreement may be executed in counterparts, each of which together shall be deemed one and the same instrument. Moreover, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

For Client For AppleOne

Signature

Printed Name Printed Name

Title

Date Date

327 W Broadway

Glendale, CA 91204
Address Address

AppleOne is an equal opportunity and affirmative action employer. We proudly embrace diversity in all of its manifestations. We are firmly committed to anti-racism, and as leaders of fairness in work, do not tolerate or support racism or any discriminatory practices.

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C Sharrone Taylor
City of Richmond Human Resources
10/14/2022
450 Civic Center Plaza, Richmond, CA 94804
Interim Human Resources Director President
10/17/2022
Brett W. Howroyd, President
215
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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.)

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.

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

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 216
___ 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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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.

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.

DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 217
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Subcontractors

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.

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: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 218

CITY OF RICHMOND
Sanctuary City
Compliance Statement

Vendor SCCO Compliance Statement (Augt2020)

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:

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."

Printed Name: Title:

Signed: Date:

Business Entity:

Exhibit G
DocuSign Envelope ID: E0D21EB4-0B7A-42F3-A3D5-79A7CA2CBF5C 10/17/2022
17 Brett W. Howroyd, President President
Torrance
22 October
AppleOne Employment Services
219

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:

Human Resources
Sharrone Taylor
[email protected]
(510) 620-6803
10433
6108
Temporary Staffing Services on an as needed basis
✔
1 Howroyd-Wright Employment Agency, Inc. dba AppleOne Employment Servic 327 W. Broadway
Glendale, CA 91204
Diane Samia, Branch Manager
(707) 544-3769
[email protected]
4004 9725
December 31, 2024
✔
April 5, 2022
April 5, 2022
June 30, 2024
100,000.00
220
Contract Amendment/EJ/TE 09-26-07

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:________________________

Howroyd-Wright Employment Agency, Inc. dba
AppleOne Employment Servic
221
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."

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

6108
1 Howroyd-Wright Employment Agency, Inc. dba AppleOne Employment Servic
April 5, 2022
June 30, 2025
100,000.00
200,000.00

N/A
222

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Richmond City CouncilApril 16, 2024

Richmond City Council
April 16, 2024