Richmond City Council
May 7, 2024

COPYRIGHT LICENSE AND WAIVER OF MORAL RIGHTS IN ARTWORK

This Copyright License and Waiver of Moral Rights In Artwork (the “Agreement”) is entered on the [DATE ] day of [MONTH ], 20[YR] (the “Effective Date”), by and between Artist, [INSERT NAME OF ARTIST HERE], with Artist’s principal address at [INSERT ADDRESS OF ARTIST HERE], (“Artist”) and the California Department of Transportation (“Caltrans”) (collectively, known as the “Parties”), with respect to the original work of visual art described below as the [INSERT NAME OF ARTWORK HERE] (“Artwork”).

RECITALS

1. The Parties acknowledge the social and professional benefits Artists may receive from creating works of art such as the Artwork.

2. It is the Parties’ intent that Artist shall maintain the Copyright in the Artwork, while Caltrans shall own the title to the Artwork, shall have a license to make certain noncommercial uses of the Artwork to explain and promote its art programs, and shall maintain physical title to and control of the Artwork, including the right to remove or alter the Artwork if in Caltrans’ sole discretion removal or alteration is necessary to maintain public highways and roads for the public benefit and for public safety.

TERMS

Now, therefore, in consideration for the mutual promises and covenants contained in this agreement, and other good and valuable consideration, including but not limited to the payment received by Artist from the Local Agency, the Parties agree as follows:

1. Definitions. The Parties agree to the following definitions as used herein and throughout this Agreement:

A. “Artwork” means the original visual work of art created by Artist pursuant to the Local Agency Agreement, described as [INSERT NAME OF ARTWORK] and to be located at [INSERT LOCATION OF ARTWORK], and as further described and depicted more fully in Exhibit A to this Agreement.

B. “Copyright” means the rights granted in the Artwork as defined and set forth in the U.S.

Copyright Act of 1976, 17 U.S.C. §101 et seq., as amended, to authors of original works of authorship fixed in a tangible medium of expression, including but not limited to “visual works of art” as defined in section 17 U.S.C. §101.

C. “Local Agency Agreement” means the agreement entered into between Artist, [INSERT NAME OF ARTIST HERE] and the [INSERT THE NAME OF SPONSORING LOCAL AGENCY HERE] (hereinafter, “Local Agency”) pertaining to but not limited to the design, installation, operation, maintenance, and/or removal of the transportation art. The signed and 195

executed Local Agency Agreement, including all the exhibits to the Local Agency Agreement, is incorporated by reference and made part of this Agreement and attached as Exhibit B to this Agreement.

D. “VARA” means the Visual Artists Rights Act of 1990, 17 U.S.C. §106A and 113(d), as amended, which confers upon authors of works of visual art several types of attribution and integrity rights, including but not limited to the right to prevent any intentional distortion, mutilation, or other modifications to his/her/their visual artwork, and to prevent the destruction of a visual artwork of recognized stature.

E. “CAPA” means the California Art Preservation Act of 1979, Cal. Civil Code §987 et seq., as amended, which confers certain rights to artists of works of fine art (original paintings, sculptures, drawings or original works of art in glass, of recognized artistic quality), including but not limited to the right to prohibit the intentional physical defacement, mutilation, alteration, or destruction of a work of fine art by any person or entity who possesses or owns the fine art.

F. “Moral Rights” means any rights of Artist in the Artwork that include the rights under VARA or CAPA or any similar rights under any body of state, federal, or international law relating to Artist’s rights in the integrity of the Artwork or right of attribution relating to the Artwork.

G. “Artist(s)” means any artist or group of artists who contribute to the authorship of the Artwork within the meaning of the Copyright Act, including any person, entity, adult, or minor.

2. Title. Upon completion and installation of the Artwork, or any portion of it, by Artist, Caltrans shall own the title to the Artwork, or any portion of it completed and installed.

3. Copyright. Artist shall own the Copyright in the Artwork and shall have all rights in the Artwork provided by the Copyright Act of 1976, 17 U.S.C. §101 et seq., as amended, except as otherwise provided in this Agreement. Artist shall have the responsibility for registering the Copyright in the Artwork with the United States Copyright Office.

4. Copyright License. Caltrans shall have and is hereby granted a nonexclusive, perpetual, irrevocable, royalty-free, world-wide, sublicensable license to make, publish and display two-dimensional images, videos, film, audiovisual works, and similar reproductions of the Artwork for non-commercial purposes or any state governmental purpose, including but not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), and exhibition catalogues or other similar publications. Caltrans’ license shall include the right to create related derivative works and to publish, display, and distribute such works for its own non- commercial purposes. Caltrans’ license shall include the right to permit third parties to film, record, or photograph the Artwork for non-commercial purposes.

5. Waiver of Statutory Moral Rights. Artist irrevocably waives any and all Moral Rights in the Artwork, including but not limited to any rights of Artist under VARA or CAPA, which 196

waiver shall include but not be limited to:

a. The right to claim authorship of the Artwork and to prevent the use of Artist’s name as the author of any work of visual art which Artist did not create;

b. The right to prevent the use of Artist’s name as the author of the Artwork in the event of a distortion, mutilation, or other modification of the Artwork which would be prejudicial to Artist’s honor or reputation; and

c. The right to prevent any distortion, mutilation, removal, or other modification of any kind of the Artwork, for any purpose or use of any kind, including but not limited to uses by Caltrans as set forth in this Agreement, and whether or not the distortion, mutilation, removal, or modification is intentional or prejudicial to the Artist’s honor or reputation, and whether or not the Artwork is one of recognized stature.

d. This waiver shall include but not be limited to a waiver of any claim that the destruction, modification, or removal of the Artwork constitutes a “taking” (inverse condemnation) of property under state or federal law.

6. Artist’s Covenant to Cooperate. Artist agrees to promptly execute any document deemed by Caltrans, in its sole discretion, to be necessary to effectuate the purpose of this Agreement, including but not limited to documents to identify and/or describe the completed Artwork and any documents related to the Artwork filed with the United States Copyright Office, and acknowledgments of such documents. Artist shall provide a copy of the copyright registration certificate to Caltrans promptly upon receipt of registration. If more than one Artist contributes to the authorship of the Artwork, Artist is responsible for ensuring that all Artists execute this Agreement. Artist agrees to cooperate with Caltrans in protecting Artwork against unauthorized uses that disparage Caltrans and/or the Artist.

7. Relationship of the Parties. The Parties agree that Caltrans is a third-party beneficiary of the Local Agency Agreement, and that Caltrans is not a party to nor is legally obligated or bound by the terms and conditions contained in the Local Agency Agreement. The Parties agree that Artist is an independent contractor commissioned to create, develop, and install the Artwork by the Local Agency and that no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. All rights, interests, and title granted to Caltrans are contractual in nature and expressly defined by this Agreement.

8. Accreditation of Final Work. Caltrans shall make reasonable efforts to credit Artist as the original creator of the Artwork in connection with any uses of the Artwork by Caltrans, but this obligation shall not be a condition of any rights Caltrans has, or any duties Artist has, under this Agreement.

9. Effective Date. This Agreement shall be effective as of the day, month, and year stated above upon execution of this Agreement by both Parties.

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10. Term. The term of this Agreement shall be irrevocable, and it shall be for the full term of the Copyright in the Artwork, including any renewal term. The terms, covenants, and provisions of this Agreement shall inure to the benefit of Caltrans, its officers, successors, assigns, and/or other legal representatives, and they shall be binding upon Artist.

11. Warranty. Artist warrants and represents that the Artwork is an original visual work of authorship of Artist; that Artist as creative originator is the sole owner of the Artwork, or, if Artist is one of multiple authors of the Artwork, that the rights of such authors do not in any way limit, conflict with, or encumber Artist’s right to enter this Agreement or to grant to Caltrans the rights granted in this Agreement; that the Final Artwork infringes no existing Copyrights; that Artist has not entered into any assignments, transfers, licenses, contracts, or mutual understandings in conflict with the terms and conditions of this Agreement; that the Artwork is free of any liens or encumbrances; that Artist has full power to enter into and to perform this Agreement; and that there are no claims currently pending or threatened, nor does Artist have any reason to believe that any claims will be brought or threatened in the future, against Artist’s rights, ownership, title, or interests in the Artwork.

12. Indemnification. Artist agrees to indemnify and hold harmless Caltrans against any and all claims, lawsuits, or legal actions made in connection with the Artwork, including but not limited to any copyright infringement claims, moral rights violation claims, loss claims, personal, and/or real property claims, injury claims, breach of contract claims, inverse condemnation claims, conversion claims, taking of property claims, and/or damage claims (including any related legal costs, attorney fees, or expenses properly incurred by Caltrans).

13. Delivery. Artist must provide Caltrans with this Agreement, properly executed, signed, and dated and attach the required Exhibit A (Artwork) and Exhibit B (Local Agency Agreement), necessary to give effect to this Agreement.

14. Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California, not including its choice of law rules.

15. Forum for Disputes. The Parties submit to the jurisdiction of the State of California, and the courts of the State of California shall be the exclusive forum for the resolution of any disputes that arise under the terms of or relate to the subject matter of this Agreement.

The Parties agree that the County in which the Artwork is, or is to be, installed shall be the proper venue for any related claims. In the event the state courts of California lack jurisdiction over the subject matter of the dispute, any litigation shall take place exclusively in a federal court located in the State of California.

16. Amendments. This Agreement may not be varied, modified, renewed, or revoked, unless agreed to by both Parties, made in writing and signed by both Parties, by a person in authority to contractually bind and sign on behalf of such party.

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17. Severability. If any provision of this Agreement is held by a court to be unlawful, unconscionable, invalid, unenforceable, or in conflict with any rule or law, statute, ordinance, or regulation, it is to be severed so the validity and enforceability of the remaining provisions are not affected.

18. Entire Agreement. This instrument contains the entire and only agreement between the Parties and supersedes all pre-existing agreements between them respecting its subject matter. Any representation, promise, or condition in connection with the subject matter not incorporated in this Agreement shall not be binding upon either party.

The Parties have caused this Agreement to be executed the day, month and year first written above by the signatures of each party below:

ARTIST NAME: ARTIST ADDRESS:

__________________________ ____________________________________________________

ARTIST SIGNATURE: DATE:

__________________________ _______________________

CALTRANS REPRESENTATIVE NAME AND TITLE:

___________________________________________________________________

CALTRANS REPRESENTATIVE ADDRESS:

___________________________________________________________________

CALTRANS RESPRESENTATIVE SIGNATURE: DATE:

______________________________________ _______________________

APPROVED AS TO LEGAL FORM BY:

_____________________________________ ________________________________ _____________

CALTRANS ATTORNEY NAME AND TITLE CALTRANS ATTORNEY SIGNATURE DATE

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1 CAL Trans Mural Concept Design Narrative Index New San Pablo Mural Design ............................................................ 2 New Mcdonald Mural Design ........................................................... 4 Mural Execution ................................................................................ 6 Revisionist History Restoration ......................................................... 7 Past Perfect Restoration ................................................................... 10 Mural Maintenance .......................................................................... 13 Prepared by Rebeca García-González March 5, 2024 Note: The restoration portion of this document borrows heavily from a report written by John Wehrle for a presentation he made to the Richmond Art and Culture Commission on Nov 9, 2021 200
2 New San Pablo Mural Design Introduction by Jerarde Gutiérrez John Wehrle’s original mural, Revisionist History, served as both a literal and metaphorical bridge. Observing that freeways disrupt and separate communities and small businesses, he created a design that offered a visual bridge of the space disconnected by the freeway. Playful store fronts, trees, and views of the hills behind the freeway served as a means to alleviate the stark environment that large amounts of concrete impose on a neighborhood. Metaphorically, he uses elements of the past to create a whimsical reality where we bridge our past to our present (1997). Although it is not a historical mural, John’s design allows us a glimpse into the past by connecting it to the present.

Envisioning Our Future Concept The Revisionist Future mural will look into our future through the lens of museum exhibitions. A repeating trompe l’oeil archway motif will playfully showcase various outcomes of our future and serve as a grounding design element that established the mural’s environment.

Within each archway window will be a scene that showcase positive outcomes of our current life choices. For example, one scene will depict the end of fossil fuel consumption with a teacher and students observing a 21 century vehicle. Paying homage to John’s original mural, the car will be the front side of the same make and model at a gas station in John’s original design. Another scene will share a whimsical floating whale display with a wall plaque noting the weight of the whale vs the weight of ocean plastic through 2050 declaring the end of plastic waste. Many of the scenes will reference elements of the Revisionist History mural. Approximately 6 archways will go across the mural, each with its own scene. Decorative elements will adorn the facade of the archways create architectural trompe l’oeil designs throughout. 201
3 Concept Narrative (from left to right): Archway scene 1: Students observe a vehicle of the “past” as fossil fuels will no longer be used in the future. (the car used is the same make and model from John’s original mural the opposite side of the underpass.) Archway scene 2: Plastic waste in the future will be a thing of the past! Illustrated with comparisons to the weight of a whale and ocean plastic waste as it stands now and projected into the future. A whimsical whale display playfully comes out of the archway with a child in awe. Archway scene 3: A mural of Meeker’s Slough references a hypothetical future open land trust, ensuring future generations have public space and a clean environment to enjoy. Paying homage to the original mural, one of the sponsors listed in the scene is the “Castro Title company” used in the Revisionist History mural. Design Notes To foster unity and continuity between Past Perfect and the new mural, the style will continue to be representational, with saturated, flat colors laid in values conveying the three-dimensional qualities of objects in space, and elements in the distance depicted in tints. It will echo some colors, structures, characters, and elements from John's original work. 202
4 New Mcdonald Mural Introduction by Rebeca Garcia-González Past Perfect, the mural opposite to this new mural, was painted almost 30 years ago. John Wehrle originally designed a smaller, 70 foot-long mural with a large trolley and an open view of the space under the overpass and the buildings next to it. When Cal Trans let him know he had to expand it, he added a yellow, flat-arched schematic that covered most of it but allowed the viewer to see parts of the original mural under these arches. The western third of the mural remained open.

Taking Care of Our Own Concept The new mural responds to a "what if" question taking place 30 years the future. What if disenfranchised groups in Richmond developed the resources to feed, educate and heal themselves 30 years from now? The flat arches schematic occupies two thirds of the wall and works as a portal into an uplifting, Afro-Latino, and futuristic reality. This utopian vision is people-centered, multigenerational, and it will reference current local initiatives that share this mission. Most of the freeway was dismantled shortly after a country-wide revolt against the greed of fossil fuel companies, its rubble used in new construction as a sand substitute. In the background we see newer 3D-printed newer buildings with round corners and dome roofs. Old buildings have been lifted to account for storm surges, and use cable ties to protect roofs from hurricane force winds. Smaller domed dwellings, solar energy generators and water treatment plants have covered most of the Wildcat hills. One sixth of the mural shows an urban garden tended by Richmond residents of all ages.

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5 The flat-arched schematic is the only part of the freeway remaining. It has been converted into an open market featuring a rooftop edible garden. Transportation is now mostly people-powered in our city, with rechargeable drones and land vehicles replacing our current gas-guzzling vehicles.

Elders gather weekly to receive food and health care from city-funded programs, now that there is no need for non-profits. Everyone wears natural fibers and is dressed for a warmer climate since plastics are no longer in use. Children get lots of play outdoors away from devices now that our air is cleaner, and we’ll see people with disabilities in leadership roles.

Design Notes The horizon line will be higher in this design, both to account for a 4 foot high guardrail that will be installed as part of the larger improvements that are part of this project, and to simplify the graffiti abatement work that city crews might do in the future. The overall color scheme will be warm to compensate for the natural darkness of the underpass and to fit this utopian concept. The far away hills will be done in tints to create a sense of distance, while figures closer to the viewer might reach a height of 10-12 feet and feature more saturated colors. As with the new San Pablo mural, this concept will include some elements from Past Perfect, in this case versions of John’s characters in the future and a 2055 vehicle. 204
6 New Mural Execution Mural painting will begin as soon as Cal Trans can remove a one-inch deteriorating layer of textured cement covering both of the new walls. The surface will then be cleaned and white washed with a high quality acrylic primer. Our team will place a grid on its surface to ensure the elements’ proportions are correct and in the right locations, then the elements will be outlined. We will use 10 foot high scaffolding for all of the Macdonald mural and most of the San Pablo mural to reach the top of the 16 foot high wall, with the exception of the 30 foot high opening in between, which will require a lift. Foot traffic will have to be diverted to the opposite sidewalk, precluding the possibility working on both sides of the underpass simultaneously (painting the new mural at the same time we restore the mural on the opposite side). We will paint the murals sequentially, beginning with the San Pablo mural, continuing with the Mcdonald mural, and ending with the restoration of John’s murals. A team of 2-3 apprentices supervised by Jerarde or Rebeca will paint the largest areas of the new murals first. Some will work on the higher reaches while others work on the parts below the 8-foot mark. A crew of 2-3 experienced, skilled painters will follow this crew to paint figures, foliage and man-made objects in a representational style reminiscent of John’s murals and keeping within Cal Trans transportation art guidelines. As noted later in this document, we will use high-quality acrylic paints to complete the new murals and not silicate paints. This decision responds to John’s wish to put in place a restoration protocol that would respond to future graffiti or water damage with paint that city crews and younger muralists will find more accessible and easier to use1. In a similar note, John felt (as we do) that the use of sealants (i.e. anti-graffitti varnish) does not reduce the amount of time spent on the restoration of mural surfaces, as most of these sealant removers end up removing the paint as well. Some of the restoration work could be done concurrent to the painting of the new murals on days when we are not painting and closer to their completion, for example, the gentle washing of Revisionist History or Past Perfect. 1 See John’s notes on silicate paint on p. 9
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7 Revisionist History Restoration History Revisionist History was commissioned by the City of Richmond in 1990. Leveron Bryant, Assistant City Manager at that time, was instrumental in securing funding and permits from Cal Trans. Work began in spring of 1991, but was halted due to a two-year project widening of Interstate 80. A portion of the completed central image was demolished and an additional 60 feet was added to the south end of the structure during that time, necessitating additional design work. Work resumed in 1993 and the enlarged wall painting was finished in 1995. Original funding was $22,500 with additional funding following to cover costs of additional wall and replacement center section, bringing the total to around $40,000 in 1993.

Description The 210 foot-long mural depicts a long line of old-fashioned shops visited by modern shoppers. Next to the shops is an Ohlone village and a startled motorist watching Spanish vaqueros. Depicted in a style John called “over-the-edge realism,” the images in Revisionist History were the result of John’s research at the Richmond Museum. Among them was a photo of a steel arch with the name “Richmond” across it that was torn in 1952. He incorporated it into the design as the painted sides of the overpass, to recreate the feeling of an arch over the street,” to bring together what he saw as a neighborhood divided by the freeway.

Damage In the 26 years following the completion the mural has incurred a number of minor graffiti incidents and one major fire extinguisher spraying. These were dealt with ad hoc by John or an assistant. Ed 206
8 Paasch, the City’s graffiti abatement specialist, has been repainting undecorated surfaces. On several occasions, Ed and John coordinated efforts to restore details in conjunction with flat areas. In addition to graffiti and surface discoloration, other issues include water staining from freeway runoff where the roadbed meets the wall. John successfully dealt with this in one area by “the simple addition of a small piece of flashing adhered with silicone to the joint creating a downspout 3 inches out from the wall.” He feels there are 2-4 other areas where this approach might help mitigate runoff stain that could be included in the concentrated restoration effort.

John spoke with Ed concerning the use of the city’s Water Buffalo to “gently wash road grime from the vertical surfaces.” He believed it would do “a great deal to brightening the mural and distinguish which marks need serious attention and those more ephemeral ones that will wash away with the grime.” Restoration The following are John’s technical notes regarding the restoration of Revisionist History: Keim silicate paint is a potassium silicate material that bonds chemically to mineral surfaces. It is lightfast and does not peel or fade, as evidenced by the center section that has received full afternoon sun for 26 years unchanged except for water erosion on the top edge. Some of you 207
9 might recommend applying an anti-graffitti varnish, but no sealant is completely effective, especially on porous surfaces. Keim is a non-toxic particulate rather than an emulsion. This allows moisture to escape from the rear. Because of this, a sealant is not recommended, as it would inhibit this action. In addition, once the sealant is removed, the image must be repainted and the coating reapplied. More work. Sealants are also glossy and Keim paint is very matte. I have found repainting a much more effective solution with fewer steps and better results. The treatment plan, once the mural is washed, would be to lightly sand tags and repaint areas to color match the original image using acrylic paint. A somewhat tedious but effective restoration method with paint that is more readily accessible and easier to use by both graffiti abatement crews and muralists alike.

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10 Past Perfect Restoration History Past Perfect, along with Rigo Gouvia’s Liberty Ferry, were the first projects commissioned by the newly formed Richmond Art and Culture Commission in 1989, before there was a percent for a public art program in place. John’s team applied to Cal Trans for a permit, but “so far as he knows” they were only given an application number, and the permit was never issued. The original measurements John was given were half of what the wall’s actual dimensions were and he ended up having to stretch the design to fit a 196 foot-long wall. The work was altered by construction /additions from the I-80 freeway widening in 1992. In 2007, Alan Wolken received a redevelopment grant for improvements. With a crew that included Jerarde Gutierrez, Hershell West and Dan Fontes, John reimagined “significant parts of the overpass adding the connector and incorporating salient geographical information to the historical element of the painting.” In 2008 the work was enlarged to include the flyover crossing and the two east façades creating a gateway (known as the Macdonald Gateway) to downtown Richmond. The original mural was subsumed in an architectural illusion of openings and faux stonework. This was done as part of a Redevelopment project beautifying Macdonald Avenue. John remembers that this project’s budget was around $48,000 and had a crew of 10 workers. It required scaffolding, lane closures and lift work.

Description The setting was to be a mirror image of the opposite side of the street. John’s original design pictured a ghost trolley circa 1908 that used to run on Macdonald Avenue. This concept was a mirror image of the freeway off ramp and buildings opposite combined with a ghost image of the 1908 trolley that formerly ran on Macdonald Avenue, peopled by a mix of historical and contemporary figures. Several neighbors and passersby were drawn from photos taken at Susan’s middle school at Portola. The 209
11 imagery introduced in 2008 referenced pertinent information about the city, including 33.8 square miles of land, 22.3 square miles of water and the interior and “Thirty Two Miles of Shoreline.” Damage The interior painting has been compromised from a mix of materials. Originally painted with Keim silicate paint as is the flyover gateway, portions of the mural image have been replaced with acrylic. Parts of the mural within reach of taggers have been heavily graffitied. Over the years, tags have been covered by city crews in colors close to the originals, changing the sense of depth created by the differences in value. There are issues of water runoff similar to Revisionist History, and flashing might help with this problem. Both ends of Past Perfect as well as a couple of interior spots have been damaged by water runoff, identifiable by the mold that has grown in the water’s downward path along the wall. Twenty-five years have passed since the objects and figures under the overpass were painted and their original, vibrant colors have faded despite their protection from UV rays. Most of the surface is covered in soot, grime and right under the lights, bird droppings.

Restoration Plan John’s 2022 plan mentioned that the wall would benefit from gentle water cleaning before painting. While he originally stated that eliminating the graffiti could be done with silicate paint, he changed his mind later in late 2023, as our team began meeting to discuss the restoration of both murals. Thinking of the future, John wanted the restoration to be done with acrylic paint because it is a “more easily obtainable paint with which the city crews in charge of graffiti abatement and younger muralists are more familiar.” To restore Past Perfect, our team would reproduce John’s original colors using some of the references he has provided. John also wanted some of the 1989 characters to be updated, and 210
12 some minor elements from the Taking Care of Our Own to be added to Past Perfect, for a more unified look.

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13 Maintenance John had envisioned a coordinated effort between the city’s crews, the Richmond Art Commission and a small team of local, skilled artists to maintain the murals. Below are the notes he drafted in his 2021 report to the Richmond Art Commission: I have officially become an octogenarian, and while still in good physical health, there are no guarantees, how long this might continue. Each one of these artists is familiar with materials used on the paintings and knows what to do. I have assembled a crew of experienced professional artists, all of whom have worked or lived in Richmond. Dan Fontes and Jerarde Gutiérrez both worked on these projects previously. Rebeca Garcia-Gonzalez lives here and has painted eight murals in this city. My thought for both projects is that one or all of these younger artists could manage future restorations. A long-term maintenance plan, coordinated with Ed Paasch and the City. In the course of the restoration we will be able to remix major colors, which could then be restocked, enabling him to have proper materials on hand. Since there has been no coordinated system in place, Ed is often left to his own devices to match colors and materials in the field. Over the years my original stock has been depleted. We could send samples to Keim, they could catalog them in their system, and we could re-order as needed. 212

May 7, 2024

Finance Department

DATE: May 7, 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 March 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 March 2024.

RECOMMENDED ACTION:

RECEIVE the City’s Investment and Cash Balance
Report and Monthly Overtime Reports for the month of
March 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
213

May 7, 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.

This investment report was prepared prior to the April 30, 2024 special City Council meeting to add additional restrictions to the City of Richmond’s Investment Policy and reflects the portfolio as of March 31, 2024.

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 March 2024 Attachment 2 – Overtime Report for March 2024
Attachment 3 – Overtime Public Safety Report for March 2024 214

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: May 7, 2024

Subject: MONTHLY CASH BALANCES & INVESTMENT REPORT –
March 2024

Enclosed for your information are the Investment Report, Port folio Summary, a nd Comparative Cash Report for the month of March 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 Retir ement Services (PARS) an d a California Employers’ Retiree Benefit Trust (CERBT) administered by California Public Employees’ Retirement System (CalPERS) for RPOA-OPEB.

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Attachment 2 - Overtime Report for March 2024
PERIOD 9, MARCH 2024
75% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
GENERAL FUND (summary)
400031 OVERTIME/General 1,725,650 111,057 1,836,707 1,626,476 210,231 89% 400032 OVERTIME/Sworn 9,282,969 2,561,865 11,844,834 8,332,740 3,512,094 70% TOTAL GENERAL FUND 11,008,619 2,672,922 13,681,541 9,959,216 3,722,325 73% Overtime By Department

CITY CLERK
Administration 20,000 - 20,000 17,806 2,194 89% Two staff members are required for every council meeting.

COMMUNITY DEVELOPMENT
General Plan Code Enforcement 20,000 20,000 40,000 3,007 36,993 8%

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

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

Payroll - - - 62,713 (62,713) - Short-staffed.

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

Revenue Collection 5,000 - 5,000 8,812 (3,812) 176% Short-staffed.

TOTAL FINANCE 5,600 - 5,600 73,816 (68,216) 1318%

HUMAN RESOURCES
Administration - - - 414 (414) - POLICE
Administration 490,227 - 490,227 401,455 88,772 82% Short-staffed.

CAD Dispatch System 680,625 70,886 751,511 568,192 183,319 76% New hire training RM System 4,000 - 4,000 1,606 2,394 40% Parking Enforcement 6,000 - 6,000 3,409 2,591 57% Sworn Administration 4,800,000 1,908,965 6,708,965 4,833,031 1,875,934 72% TOTAL POLICE 5,980,852 1,979,851 7,960,703 5,807,693 2,153,010 73% FIRE
Administration 2,000 - 2,000 231 1,769 12% Suppression - - - 140,585 (140,585) - 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 4,453,872 652,900 5,106,772 3,432,981 1,673,790 67%

Attachment 2 - Overtime Report for March 2024
75% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
Sworn Prevention 29,097 - 29,097 13,260 15,837 46% Sworn Prv-Chvrn Insp - - 535 (535) - Sworn Training - - - 52,933 (52,933) - 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 4,484,969 652,900 5,137,869 3,640,526 1,497,343 71%

OFFICE OF NEIGHBORHOOD SAFETY
Administration - 5,000 5,000 - 5,000 0%

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 8,557 1,443 86% Stationary Engineers had after hours calls Building Services 3,000 - 3,000 4,355 (1,355) 145% Special assignment to build offices on the 2nd floor of Engineering Utility Sections 132,000 - 132,000 116,122 15,878 88% Weekend cleaning of the Aquatic centers, stripping and waxing of floors at community centers.

Electric 25,000 - 25,000 17,918 7,082 72% Parks & Landscape Admin 200,000 - 200,000 171,939 28,061 86% 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 16,486 34,961 32% Traffic Signs & Lines 4,885 20,000 24,885 10,353 14,532 42% Equipment Services 8,000 - 8,000 17,474 (9,474) 218% To catch up on outstanding work, clerical and maintenance.

Abatement Services 27,000 - 27,000 24,732 2,268 92% Abatement staff had Dumpster Day work on the 15th, 22nd and 29th TOTAL PUBLIC WORKS 488,432 - 488,432 388,293 100,139 79%

LIBRARY
Library Administration - 6,000 6,000 6,809 (809) 113% Admin support fo Deputy City Manager, Library Commission, and staffing shortages.

COMMUNITY SERVICES
Recreation Services/Cities of Service - 23 23 23 - - Tool Lending Library OT Recreation Administration - 1,351 1,351 1,351 - 100% Administrative staff were tabling at several weekend and evening events in July.

Booker T Center 250 - 250 204 46 82% Staff overtime for futsal program 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%

Attachment 2 - Overtime Report for March 2024
75% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
Senior Center Annex 250 - 250 236 14 95% Staff participated in fireworks events.

Aquatics 2,028 2,764 4,792 4,921 (129) 103% Short-staffed.

Convention Center - - - 4,493 (4,493) 100% Increased rentals required staff overtime Plunge 2,200 1,647 3,847 3,855 (8) 100% Short-staffed.

TOTAL COMMUNITY SERVICES 7,766 9,171 16,937 20,853 (3,916) 123%

ECONOMIC DEVELOPMENT PROGRAM
Administration 1,000 1,000 - 1,000 0% TOTAL GENERAL FUND 11,008,619 2,672,922 13,681,541 9,959,217 3,722,324 73%

NON-GENERAL FUND
Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 - 20,000 25,043 (5,043) 125% The Hilltop crew completed weed abatement around the lake and High Fire Zones
1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 - 25,300 9,284 16,016 37% 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 - 13,000 13,000 1,862 11,138 14% 1055 ENCROACHMENT SVCS 8,000 - 8,000 15,157 (7,157) 189% 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 - - - 11,865 (11,865) - 4003 WASTEWATER PRE-TREATMENT 7,500 - 7,500 4,766 2,734 64% 4006 STORMWATER - - - 530 (530) - 4404 RHA-NEVIN PLAZA - 1,908 1,908 2,156 (248) 113% On-call services from tenants after hours and weekends. 4405 RHA-NYSTROM VILLAGE - 4,491 4,491 3,127 1,364 70% 5001 INSURANCE RESERVES - - - 391 (391) - TOTAL NON-GENERAL FUNDS 72,800 22,399 95,199 74,588 20,611 78%

Attachment 3 - Overtime Public Safety Report for March 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 6,708,965 487,105 925,716 477,693 462,417 470,347 531,204 412,911 609,609 456,028 4,833,031 72.0% 1,875,934 537,003.45 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 5,135,869 524,969 473,094 348,296 346,854 363,759 315,266 363,100 382,930 381,442 3,499,709 68.1% 1,636,160 388,856.54 FY2023-24 TOTAL 9,282,969 11,844,834 1,012,073 1,398,810 825,989 809,271 834,106 846,470 776,011 992,539 837,471 - - - 8,332,740 70.3% 3,512,094 4,166,369.97

BUDGET ACTUALS TOTAL

229

May 7, 2024

Finance Department

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Subject:

Tax Rate for Tax Override Pension Fund
FINANCIAL IMPACT: The tax levy on the taxable and personal property located within the Taxing Districts is expected to yield $28.5
million to the City of Richmond’s Tax Override Pension
Fund. The tax rate is unchanged from the prior year.

The revenue is tied to the changes in Assessed
Valuations for Richmond properties.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The proposed ordinance sets the tax rate for the Tax
Override Pension Fund for Fiscal Year 2024-2025 at 0.14 percent, which is unchanged from the prior fiscal year.

RECOMMENDED ACTION:

INTRODUCE an Ordinance (first reading) setting the tax
rate for the Tax Override Pension Fund for Fiscal Year
2024-2025 at 0.14 percent – Finance Department
(Andrea Miller/Mubeen Qader/ Antonio Banuelos 620-
6741).

AGENDA
REPORT
230

May 7, 2024
DISCUSSION:

The proposed ordinance is pursuant to Section 13.16.010 of the Municipal Code of the City of Richmond, which requires the City Council to determine and annually fix the rate for each Taxing District of the City.

The tax rate for the Tax Override Pension upon all taxable real and personal property assessed in the City of Richmond, County of Contra Costa, State of California, for the fiscal year beginning July 1, 2024, and ending June 30, 2025, is determined and should be set at 0.14 percent. This determined rate is unchanged from prior years and is consistent with bond covenants that require the City to charge a maximum rate of 0.14 percent. Proceeds in excess of the bond repayment requirements are applied to relieve the City of qualified pension costs paid by the City’s General Fund.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance
231
ORDINANCE NO. ______________

AN ORDINANCE OF THE CITY OF RICHMOND SETTING THE TAX RATE FOR THE TAX OVERRIDE PENSION FUND FOR FISCAL YEAR 2024-2025

WHEREAS, Section 13.16.010 of the Municipal Code of the City of Richmond mandates the City Council to determine and annually fix the tax rate for each revenue district of the City no later than its regular meeting in September; and

WHEREAS, Article 13, Section 1b of the Constitution of the State of California permits the levy of ad valorem tax to pay the interest and redemption charges on any indebtedness approved by the voters prior to July 1, 1978.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does ordain as follows:

Section 1. The rate of City tax upon all taxable real and personal property assessed in the City of Richmond, County of Contra Costa, State of California for the Fiscal Year beginning July 1, 2024, and ending June 30, 2025, is hereby determined and fixed as follows:

FUND TAX RATE

Tax Override Pension 0.1400

Section 2. The tax for said Fiscal Year is hereby levied upon the taxable and personal property located within the Taxing Districts as noted above at said rates as hereinabove fixed.

232

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

First introduced at a regular meeting of the City Council of the City of Richmond held on May 7, 2024, and finally passed and adopted at a regular meeting held on May 21, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney
233

May 7, 2024

Fire Department

DATE: May 7, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Michael E. Smith, Interim Fire Chief
Aaron Osorio, Deputy Fire Chief

Subject:

Sole-Source Contract with Matrix Consulting Group
FINANCIAL IMPACT: Total expenditure for the ALS/Paramedic First Responder Feasibility Study is $39,500. The study will be funded
through an approved funding from the Contra Costa
County Fire Protection District (CCCFPD) EMS Transport
Fund. The account string for this project is 01204022-
400201.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The Richmond Fire Department is researching the
viability of transitioning from a Basic Life Support (BLS) agency to an Advanced Life Support (ALS) agency to
provide paramedic services. A feasibility study is
necessary to determine the workplan, timeline, costs
(initial and operating costs), and potential service module to implement the transition. The department staff
recommend entering into a sole-source agreement with
the Matrix Consulting Group to conduct the
ALS/Paramedic First Feasibility Study.

AGENDA
REPORT
234

May 7, 2024
RECOMMENDED ACTION:

APPROVE a sole-source agreement with the Matrix
Consulting Group to conduct an Advanced Life
Support/Paramedic First Responder Feasibility Study, for a total project cost of $39,500, for a term beginning May 1, 2024, and ending April 30, 2025 – Fire Department
(Chief Michael E. Smith 510-307-8041/Deputy Chief
Aaron Osorio 510-307-8021).

DISCUSSION:

The Richmond Fire Department ("Department") is authorized by the Contra Costa County Emergency Medical Services Agency (CCCEMSA) to provide Basic Life Support (BLS), commonly known as Emergency Medical Technician care. The department currently employs 76 sworn personnel licensed as EMTs, serving more than 115,000 Richmond residents during critical health emergencies. However, the department intends to investigate the viability of transitioning from a BLS agency to an Advanced Life Support (ALS) agency, commonly known as a paramedic program. This transition will be beneficial for the community since the advanced department's sworn personnel will be able to provide enhanced care to patients and deliver lifesaving medical procedures.

Considering this, the Department intends to enter into a sole-source agreement with the Matrix Consulting Group ("Vendor") to conduct an ALS/Paramedic First Responder Feasibility Study. The Vendor was previously directed by the City of Richmond to conduct the City's Emergency Services Data and Analysis Report on March 15, 2022.

The report was published on March 6, 2023, detailing an in-depth analysis of the emergency services system and dynamics of the department. Since the Vendor has already conducted an in-depth analysis of the Department, it will be in the best interest of the City to sole-source the study to save lead time, cost, and duplication of any baseline studies that need to be conducted for this project.

Vendor Proposed Workplan, Timeline, and Cost

The Vendor proposes to deliver its findings within 20 weeks, which will involve a series of interviews with the City Manager, elected officials, fire department staff, County Emergency Medical Services staff, as well as a review and evaluation of the Department’s service area and Computer-Aided Design data. Furthermore, the Vendor will analyze options for providing ALS/Paramedic First Responder Services and develop implementation timelines and financial estimates for the City. The proposed project timeline and cost is shown below:
235

May 7, 2024

RECOMMENDED ACTION:

Department staff recommend entering into a sole-source agreement with the Matrix Consulting Group to conduct the ALS/Paramedic First Responder Feasibility Study, given the previous analysis and report they provided the City and their existing understanding of the emergency services system and department dynamics. This sole source will also save the City time, cost, and duplication of any baseline studies required for the project.
236

May 7, 2024
DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract
Attachment 2 – Sole-Source Justification

237

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:

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.

238

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
239
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:

Matrix Consulting Group will work with the Project Manager or designees to produce a report that provides a thorough examination of the City of Richmond Fire Department's feasibility to transition from Basic Life Support (BLS) agency to an Advanced Life Support (ALS) agency as outlined in the project proposal submitted, attached hereto. See Exhibit A-1 for project proposal and deliverable.

Matrix Consulting Group
Project Manager
240























 

















 











 


































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Exhibit A-1
254
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. 255
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:

256
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, 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, 257
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. 258
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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. 259
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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 260
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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 262
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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 263
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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 264
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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 265
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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 267
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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. 269
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):

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/i255
/87 /18 /20 /14 /16 /25 /88/i255/10 /13/22/25/89/i255 /i255/i255/i255 /2 /20 /16 /24 /25 /89/i255 /i255/i255/i255 /i255 /i255
/i255
/12 /20 /90 /14 /25 /88 /89/i255 /i255/i255/i255 /11 /13 /16 /25 /89/i255 /i255/i255/i255 /i255 /i255
/i255
/91 /17 /92 /20 /14 /25 /92 /92/i255/93 /14 /16 /20 /16 /19 /89/i255 /i255/i255/i255 /i255 /72 /29 /31 /32 /40 /33 /i255 /60 /45 /45 /55 /i255 /45 /40/53/48/65 /35 /38 /31 /46 /29 /i255 /60 /39 /38 /39 /29/53/29/31 /39 /i255 /43 /82 /30 /36 /39 /57 /85 /57 /85 /47 /i255271 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.

272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290

May 7, 2024

Human Resources

DATE: May 7, 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 Contract Amendment #2 to Increase the Contract Limit and Appropriate Funding as Required
FINANCIAL IMPACT: The proposed amendment of up to $20,000 will extend the contract amount not-to-exceed $220,0000,
(Professional Services 01181016-400201)

PREVIOUS COUNCIL
ACTION:

May 23, 2023

STATEMENT OF THE
ISSUE:

City Council approval is required to increase the Raftelis Financial Consultants Inc. contract amount and
appropriate funding.

RECOMMENDED ACTION:

APPROVE a second contract amendment with Raftelis
Financial Consultants, Inc. to increase the contract limit up to $20,000, for an amount not to exceed $220,000;
and APPROPRIATE funding as required – Human
Resources Department (Nickie Mastay 510-620-
6609/Sharrone Taylor 510-620-6602).

DISCUSSION:

The City of Richmond received a notification from the State Auditor on April 4, 2022, regarding an audit they would conduct. The Joint Legislative Audit Committee approved the audit on June 30, 2021. The audit was initiated in May 2022 and was completed and AGENDA
REPORT
291

May 7, 2024
published on November 10, 2022, with the State Auditor formalizing eleven (11) recommendations to the City. Recommendation number 6 stated:

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.

To comply with the recommendation, City staff members issued a Request for Proposals (RFP) in February 2023, seeking qualified professionals to conduct a comprehensive workforce analysis, including succession planning and recommendations for vacant positions. Raftelis Financial Consultants were selected for the task, and the analysis is expected to be presented to the City Council and submitted to the State by June 2024.

City staff members are amending the scope of work to include presentations, which were not included in the original scope of work, and requesting an increase to the contract limit. The proposed amendment will increase the contract for up to $20,000 to a new not-to-exceed contract limit of $220,000. This will enable the contractor to deliver high-quality presentations as required by the City Council, ensuring that they have all the information they need to make informed decisions. Additionally, it should be noted that the contract term has already been extended administratively to September 30, 2024, providing ample time for the contractor to complete the requested work.

RECOMMENDATION:

City staff requests approval of a second contract amendment with Raftelis for up to $20,000 for a new not-to-exceed amount of $220,000 (current term June 1, 2023- September 30, 2024) and appropriate funding as required.

DOCUMENTS ATTACHED:

Attachment 1 – May 24, 2023 Raftelis Agenda Report
Attachment 2 – Raftelis Contract Fully Executed
Attachment 3 – Raftelis Contract Amendment 1
Attachment 4 – Raftelis Contract Amendment 2

292

May 23, 2023

Finance Department

DATE: May 23, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager-Internal Services
Sharrone Taylor, Interim Director of Human Resources

Subject:

Contract with Raftelis to Provide a Workforce Analysis
FINANCIAL IMPACT: The proposed expenditure will not exceed $200,000.

There will need to be an appropriation from the General Fund. Human Resources Department budget
(01181016-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff request both the approval of a contract with Raftelis Financial Consultants, Inc. (“Raftelis”) to provide a Workforce Analysis, and an appropriation of the
necessary funding.

RECOMMENDED ACTION:

APPROVE a contract with Raftelis Financial Consultants, Inc. to provide a workforce analysis, in alignment with a state audit recommendation, in an amount not to exceed
$200,000, with a term beginning June 1, 2023, and
ending March 31, 2024; and APPROPRIATE the
necessary funding – Human Resources Department
(Nickie Mastay 510-620-6609/Sharrone Taylor 510-620-
6803). This item was continued from the May 2, 2023,
and May 16, 2023, meetings.

AGENDA
REPORT
85293

May 23, 2023

DISCUSSION:

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 was initiated in May 2022, and was completed and published on November 10, 2022. At the conclusion of the audit, the State Auditor formalized eleven (11) recommendations to the City (Attachment 1). State Auditor recommendation number 6 stated:

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.

Request for Proposal

On February 17, 2023, the City Manager’s Office released a Request for Proposals (RFP) to solicit qualified professionals to perform a workforce analysis and to develop a plan that includes succession planning and recommendations not only for vacant positions, but for the proper position for succession planning to be effective for the City in the coming years (Attachment 2).

Key aspects of the scope of services included:

 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.
86294

May 2, 2023

The RFP was posted on the City’s BidsOnline system where 254 vendors were notified, and 20 vendors downloaded copies of the RFP (Attachment 3). On March 17, 2023, two electronic proposals were received. The proposals were reviewed by City staff members and each vendor was found to be compliant. Subsequent interviews were held with each vendor after which final scores were assigned (Attachment 4).

RFP Rating Matrix 4-11-23
Rater
1 Rater
2 Rater
3 Rater
4 TOTAL
Koff & Associates 76 95 81 75 327
Raftelis 70 78 77 79 304

Interview Rating Matrix 4-24-23
Rater
1 Rater
2 Rater
3 Rater
4 TOTAL
Koff & Associates 76 50 85 83 294
Raftelis 85 70 90 90 335

TOTAL SCORES
Rater
1 Rater
2 Rater
3 Rater
4 TOTAL Rank
Koff & Associates 152 145 166 158 621 2
Raftelis 155 148 167 169 639 1

City staff is requesting approval of a contract with Raftelis to provide a workforce analysis in an amount not-to exceed $200,000, with a term beginning June 1, 2023, and ending March 31, 2024, and to appropriate the necessary funding.

DOCUMENTS ATTACHED:

Attachment 1 – State Audit Report – November 2022
Attachment 2 – Request for Proposal
Attachment 3 – Project Report
Attachment 4 – Rating Matrix
Attachment 5 – Proposed Contract

87295

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.

Human Resources
Nickie Mastay
[email protected]
(510) 620-6609
16081
6639
To perform workforce analysis.

Raftelis
445 S. Figueroa Street, Suite 1925
Los Angeles, CA 90071
Michelle Ferguson
(828) 777-6588
[email protected]
4006 4839
December 31, 2023
June 1, 2023
March 31, 2024
200,000.00
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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
Raftelis
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Vice President
Mayor
297
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 attachment A
Deputy City Manager
Raftelis
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City of Richmond
Workforce Analysis
PROPOSAL / MARCH 17, 2023
Attachment A
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Table of
Contents
A. Respondent Cover Letter .............. 1
B. Background and Project Summary
Section ................................................ 3 C. Methodology Section .................... 4
D. Staffing and Timeline .................... 7
E. Firm Qualifications ........................ 8
F. Cost Information .......................... 11
G. Value Added Services ................. 12
H. Respondent Assignment of Sub-
Contract ............................................ 13 I. Previous Contracts with the City of
Richmond .......................................... 14
J. Exceptions to this Request for
Proposals .......................................... 14 K. Statement of Impartiality and
Disclosure ......................................... 16 Appendix A: Resumes ..................... 17
Appendix B: Required Form ............ 39

Making our world better
The Raftelis Charitable Gift Fund
allocates profits, encourages
employee contributions, and
recognizes time to charitable
organizations that support:
• Access to clean water and
conservation
• Affordability
• Science, technology, and
leadership

Raftelis is investing in improved
telecommunication technologies
to reduce the firm’s number one
source of carbon emissions—
travel.

Diversity and inclusion are
an integral part of Raftelis’
core values.

We are committed to doing our
part to fight prejudice, racism,
and discrimination by becoming
more informed, disengaging with
business partners that do not
share this commitment, and
encouraging our employees to
use their skills to work toward a
more just society that has no
barriers to opportunity.

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445 S. Figueroa Street, Suite 1925, Los Angeles, CA 90071 | www.raftelis.com A. RESPONDENT COVER LETTER

March 17, 2023

Ms. Nickie Mastay, Deputy City Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

Subject: Proposal for Workforce Analysis

Dear Ms. Mastay:

We are pleased to submit this proposal for a Workforce Analysis for the City of Richmond (City). Our focus has always been to help local government clients solve their financial, organizational, and technology challenges. We appreciate the opportunity to submit our proposal, which has been developed to provide the City with concise yet thorough information that introduces our approach to staffing analyses.

Raftelis was established in 1993 to provide financial and management consulting services of the highest quality to local governments and utilities and has been performing staffing and workload studies since 2010. The Raftelis brand strengthened with the 2020 acquisition of The Novak Consulting Group (TNCG), which deepens our management consulting expertise specific to local governments. We believe our firm offers the City several distinct advantages:

• A workable and insightful approach: Our team’s approach specifically addresses the City’s needs and will help develop a best practice-level plan to align staffing in City departments with current and projected future workload needs. The City’s desire for gained organizational/operational efficiencies and effectiveness is the exact type of consulting work our firm performs.

• An experienced team who knows challenges and opportunities faced by local governments: We are skilled professionals with direct experience in all facets of local government and utility operations. We work solely for local governments and utilities, and many of our team members were local government leaders in some of the best organizations across the country. Our team members understand what is DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 301
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445 S. Figueroa Street, Suite 1925, Los Angeles, CA 90071 | www.raftelis.com required to deliver effective public services. Our project manager is located in Los Angeles and familiar with California local government, having served herself.

• Personal service from senior-level consultants: You appreciate it when deadlines are met, phone calls are returned, and your challenges are given in-depth, out-of-the- box thinking. While some firms may assign your business to junior-level people, we offer exceptional service from senior-level consultants.

The proposal price will be valid for a period of at least 180 days. All elements of the City’s RFP have been reviewed and are understood. We intend to perform the services as outlined in this proposal.

We are proud of the resources that we can offer and welcome the opportunity to assist the City in this engagement. If you have any questions, please do not hesitate to contact our Organizational Assessment Practice Lead using the following contact information. She is authorized to represent the firm.

Michelle Ferguson, Vice President – Organizational Assessment Phone: 828.777.6588 / Email: [email protected]
445 S. Figueroa Street, Suite 1925, Los Angeles, CA 90071, 213.262.9300

Sincerely,

Julia Novak
Executive Vice President
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B. BACKGROUND AND PROJECT SUMMARY SECTION
Background and Project
Summary Section
In response to a report by the California State Auditor, the City of Richmond is seeking a professional consultant to assist with a workforce analysis of City departments to determine appropriate staffing levels to maintain current and future service levels, assess the ongoing need for existing vacant positions, and ensure succession planning is maintained.

Our team has extensive experience working with local government clients, including many in California and the Bay Area. Our focus is on providing solutions that work within the available resources and culture of the organizations we assist. The most innovative solutions in the world are valueless if they cannot be implemented. We pride ourselves on our ability to listen, analyze, and work with our clients to find not just a random selection of best practices taken from a manual, but real solutions that can be implemented effectively. We are pleased that our prior engagements have resulted in corresponding actions by our clients to implement the recommendations that we have jointly developed.

One of our strengths is the ability to build on
existing capabilities and resources and to help
organizations see things from a different
perspective. We do this by listening to our
clients and really understanding what they have
to say. We do not operate with a pre-packaged
set of recommendations, and we diligently work
to avoid trying to fit our clients into a standard
mold. We do not offer “cookie cutter”
recommendations but those that are realistic for
implementation in your unique context.

We are excited about the opportunity to assist the City proactively plan and prepare for the future. We understand the importance of respecting the staff who are in place to serve the public and will work collaboratively develop recommendations for improvement. Without this, implementation of recommendations and lasting improvements are not typically successful. We believe this intentional approach, coupled with our extensive expertise in all facets of public operations, makes us uniquely qualified to assist the City on this project within the timeframe requested.

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C. METHODOLOGY SECTION
Project Plan
The project plan provided below was developed to meet the City’s specific goals for this work. Throughout the project, Raftelis will conduct ongoing project management and administration. The Project Director and Project Manager will plan, coordinate, monitor, and control all project tasks in concert with all other appropriate project team members. By keeping all activities coordinated, the team can adhere to the agreed upon project schedule.

Credibility is crucial for building consensus and support for implementing the recommendations of a study. The fastest way for the City to lose credibility with your stakeholders is to provide information that is incomplete or incorrect. The City must have total confidence that the information provided by the consultant is as accurate as possible.

Raftelis has developed a Quality Assurance (QA) process t hat consistently results in accurate deliverables of the highest quality. Each QA process is tailored to the specific project, but there are a number of common elements such as senior -level participation, outside perspective, and involvement from project i nitiation. The QA process that we will implement as part of this project embodies these elements. We have found that a well-defined process ensures that our work products will be of the highest quality and meet or exceed the standards that our clients expe ct from Raftelis.

The success or failure of any consulting engagement is defined by the effectiveness of communications between the client and consultant and among the project team members. A cornerstone of Raftelis’ success is our commitment to regular, fully transparent, and highly effective communications with each client, as well as within our project teams. Our team members are former local government employees who understand the nuance required in the public sector, and we are skilled at communicating in a manner that achieves the project goals.

THE FOLLOWING DETAILS THE PROPOSED WORK PLAN.

Activity 1: Begin and Manage Engagement
We will begin this engagement by conducting a kick-off meeting with the City Manager and Deputy City Manager to discuss the details and expectations of this effort and to finalize the project schedule. We will also discuss the City’s interest in this study, the strengths and weaknesses of current City processes, structure, and operations, and other issues that may be relevant to our work.

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Next, we will meet with the City’s Department Directors as a group to discuss process steps and timeline, and to begin to engage them in the process. We will ask about their perspectives on organizational strengths and opportunities with regard to staffing levels.

Our team will provide the City with a detailed document and data request for relevant background information to inform our work. We will provide a shared online drive into which City staff can easily upload documents. Such documents will include the State Auditor’s Report, City budget, organizational charts, labor agreements, workload volume or annual reports, department work plans, City strategic plans or goals, prior customer surveys (if any), and more.

Throughout the project, we will provide the City with regular project status reports designed to maintain planned project progress and budget, identify and resolve project issues, and review project work products.

DELIVERABLES: Kick-off meeting agenda, draft and final project schedule, and document/data request
Activity 2: Understand Context
In order to understand the City’s current operating context, our team will interview key City staff in each department. We will first meet with each department’s management team to develop a general understanding of operations and, in particular, workload and staffing level concerns. We will discuss potential retirements and future initiatives or workload factors that could impact staffing levels.

Our team will evaluate the organization and its structure to assess its impacts on program operations now and in the future. We will look at both the organizational alignment of the agencies as well as how they integrate with the overall structure of your government. We will assess workflow within and across department divisions to assess workflow efficiency.

Raftelis will prepare a service level matrix which inventories the department’s core services and the current resource level provided by the City, levels of service, current staffing levels (both in-house and contracted), as well as identified strengths, weaknesses, opportunities, and challenges for each service.

DELIVERABLES: Service level matrix
Activity 3: Analyze Staffing
Starting with the service level matrix prepared earlier, we will review each department’s programs against its core services and operational requirements. We will assess and project the workload for each program now and into the future, and identify any gaps between DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 305
RAFTELIS 6

desired service levels and current staffing levels. We will analyze staffing ratios, assignments, and workflows. Some of the items to be considered include:

• The use of external contracts/consultants as staff augmentation • The number of vacancies and need for the positions to be filled • Overtime usage
• Succession planning needs
• The ratio of management to non-management staff
• The ratio of administrative support to other staff
• The potential use of technology to automate manual work • Work assignments and division of work across existing staff capacity • Ability to meet performance standards and levels of customer satisfaction

These factors, among others, will be considered to determine the most efficient and effective staffing levels for each work unit in order to meet the City’s desired levels of service.

Activity 4: Prepare Preliminary Observations and
Recommendations
At this point in the project, our project team will have conducted interviews, service level matrix review, staffing level assessment, and data and document review in order to draft preliminary observations and recommendations for the City, including recommended staffing levels for each department.

We will review our preliminary observations and recommendations with department leadership and City management. Based upon feedback received, additional follow-up on issues or analysis will be conducted as needed in order to finalize our recommendations.

DELIVERABLES: Preliminary observations and recommendations Activity 5: Prepare Project Report
Once recommendations are finalized, our team will prepare a comprehensive draft report for the City. The report will include an executive summary, our methodology and approach, and a thorough description of all recommendations for each City department. The draft report will be provided to the City for review and discussion.

Based upon feedback received, we will perform any necessary follow-up work and finalize the report.

DELIVERABLES: Draft and final report
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D. STAFFING AND TIMELINE
Staffing

WE HAVE DEVELOPED A TEAM OF CONSULTANTS WHO

SPECIALIZE IN THE SPECIFIC ELEMENTS THAT WILL BE
CRITICAL TO THE SUCCESS OF THE CITY’S PROJECT.

Our project team is made up of senior-level consultants with direct local government experience. What sets our project team apart is our ability to relate to local community values while at the same time investigating realistic approaches for cost-effective solutions.

An organizational chart of our project team is as follows. Our Project Manager, Rebekka Hosken, is located in Los Angeles and is a former California government employee, familiar with state laws. Several of our team members have performed similar work in California.

No subconsultants are proposed for this work. Resumes for all team members are provided in Appendix A: Resumes.

City of
Richmond

PROJECT DIRECTOR
Michelle Ferguson

STAFF CONSULTANTS
Mark Olson (Lead)
Scott Parker
Ben Kittelson
Claire Pritchard
James Flick
Janae Janik
Colin Stifler

PROJECT MANAGER
Rebekka Hosken

SUBJECT MATTER EXPERTS
Cassandra Deck-Brown
Public Safety and Policing

Tom DeMint
Fire and Emergency Services
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Timeline
A proposed project schedule is provided below, showing a breakdown by project activity.

We expect to refine and finalize this with the City during Activity 1.

E. FIRM QUALIFICATIONS
Who We Are

RAFTELIS AND THE NOVAK CONSULTING GROUP,

HELPING LOCAL GOVERNMENTS AND UTILITIES THRIVE

Local government and utility leaders partner with Raftelis to transform their organizations by enhancing performance, planning for the future, identifying top talent, improving their financial condition, and telling their story. We provide trusted advice, and our experts include former municipal and utility leaders with decades of hands-on experience running successful organizations. People who lead local governments and utilities are innovators— constantly seeking ways to provide better service to the communities that rely on them.

Raftelis provides management consulting expertise and insights that help bring about the change that our clients seek. Raftelis has been in business for 28 years and performing staffing studies for over 13 years.

TNCG is Now Raftelis
The Novak Consulting Group and Raftelis have always shared a focus on delivering lasting solutions for local government agencies. In January 2020, TNCG joined Raftelis. Today, we provide our clients with wide-ranging capabilities and resources in financial, management, technology, and communications consulting for all areas of local government. Our clients Activity 1 - Begin and Manage
Engagement
Activity 2 - Understand Context
Activity 3 - Analyze Staffing
Activity 4 - Prepare Preliminary
Observations and Recommendations
Activity 5 - Prepare Project Report

SEPAPR MAY JUN JUL AUG
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now have the expertise of more than 140 of the country’s leading local government and utility consultants, who have decades of experience. We know that our combined capabilities and resources will provide added value to our clients, and we’re excited about what we can accomplish together.

We believe that Raftelis is the right fit for this project. We provide several key factors that will benefit the City and help to make this project a success.

RESOURCES & EXPERTISE: This project will require the resources necessary to effectively staff the project and the skillsets to complete all of the required components.

With more than 140 consultants, Raftelis has one of the largest local government management and financial consulting practices in the nation. Our depth of resources will allow us to provide the City with the technical expertise necessary to meet your objectives.

In addition to having many of the industry’s leading management and financial consultants, we also have experts in key related areas, like stakeholder engagement and data analytics, to provide additional insights as needed.

DECADES OF COLLECTIVE EXPERIENCE: Our associates and subject matter experts have decades of experience in strengthening local municipalities and nonprofit organizations. They’ve served in a wide range of positions, from city manager to public works director to police chief.

PERSONAL SERVICE FROM SENIOR-LEVEL CONSULTANTS: You
appreciate it when deadlines are met, phone calls are returned, and your challenges are given in-depth, out-of-the-box thinking. While other firms may assign your business to junior-level people, our approach provides exceptional service from senior-level consultants.

NICHE EXPERTISE: Our expertise lies in strengthening public-sector organizations.

We’re consulting specialists rather than generalists, focusing our strengths to do a highly effective job for a specific group of clients.

Experience

RAFTELIS HAS ONE OF THE MOST EXPERIENCED LOCAL

GOVERNMENT FINANCIAL AND MANAGEMENT CONSULTING
PRACTICES IN THE NATION.

Our staff has assisted more than 1,500 local government organizations across the U.S., including some of the largest and most complex agencies in the nation. In the past year alone, Raftelis worked on more than 1,000 financial, management, and/or technology consulting projects for over 600 public-sector agencies in 46 states, the District of Columbia, DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 309
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and Canada. Raftelis has assisted hundreds of local governments across the country. In many instances, we have worked with organizations over multiple years and established long-term partnerships to build capacity and lasting improvements throughout an organization. We have become trusted advisors to these local governments, as outlined in the following references.

City of Charleston SC
Reference: Susan Poteat, Director of Process and Service Improvement 80 Broad Street, Charleston, SC 29401
P: 843.577.1381 / E: [email protected]
Project Dates: 2018 – present
Contract Amount: $250,000 (2019 annual contract)
Key Staff: Novak (Project Director), Ferguson (Project Manager), Ingram (Staff Consultant), Kittelson (Staff Consultant), Teal (Staff Consultant), Pritchard (Staff Consultant)

Since 2017, our team has had the privilege of working alongside the City of Charleston (City) under a multi-year contract to conduct a series of organizational and structural assessments as part of the City’s Innovation and Process Improvement initiative.

Projects for the City have largely focused on organizational assessment and improvement, best practices evaluation, benchmarking, and development of future state recommendations to ensure effective and efficient progress toward organizational objectives and excellence in customer service. The Raftelis team has led staff interviews and process improvement exercises, reviewed and recalculated technical review committee submittal fees, and developed clear, actionable, and implementable recommendations for the City of Charleston.

Implementation support was provided where requested. This process continues to provide ongoing support and accountability as the organization moves through the implementation of recommendations. Implementation of key improvement strategies has occurred at many levels throughout the City, allowing the organization to make tremendous progress in instilling a culture of continuous improvement.

Key projects completed to date have included the following:
• Workforce Profile & Employee
Survey
• Technical Review Committee
Process Assessment
• Environmental Services & Fleet
Assessment
• Special Events Process Review
• IT Governance
• Public Services Organization
Structure Assessment
• Parks Department Staffing Study
• Purchasing Review
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• Payroll Process Assessment
• Construction Permitting
Performance Assessment
• Minutes Benchmarking Research
• Housing Substantial Rehabilitation
Process Improvement
• Workforce Profile & Employee
Survey
• Affordable Housing Best Practices
• Fire Marshal Division Assessment

In addition, Raftelis is proud to have developed BRIDGE Academy for the City. BRIDGE Academy is a four-day on-site process improvement and innovation training and development program created for the City of Charleston, SC. The program provides cohort- based training for City staff on process improvement and innovation tools and concepts, developed through an equity lens. BRIDGE Academy is aimed at increasing organizational capacity and developing a citywide environment that fosters innovation and creative and equitable problem-solving.

Pinellas County FL
Reference: Joe Lauro CPPB/CPPO, Director, Department of Administrative Services 315 Court Street, Clearwater, FL 33756
P: 727.464.4710 / E: [email protected]
Project Dates: January 2021 – May 2021
Contract Amount: $78,800 (Parks and Conservation Resources Department) Team Members: Ferguson (Project Director), Ingram (Project Manager), Kittelson (Staff Consultant), Parker (Staff Consultant), Olson (Staff Consultant), Pritchard (Staff Consultant)

Since 2014, Pinellas County (County) has hired the firm to conduct several operational assessments and to assist with improving efficiency and effectiveness. The firm has worked on several projects to conduct process and financial analyses on various departments and divisions.

In 2021, the County engaged the firm to complete an organizational assessment of the County’s Fleet Maintenance Division operations and practices. In 2020, Pinellas County Utilities (PCU) engaged Raftelis for a review of  PCU business processes, particularly as related to engineering, customer service, maintenance, and water quality.

In 2021, Pinellas County again engaged Raftelis to conduct a service level and staffing assessment of the Parks and Conservation Resources Department (PCRD). The goal of this assessment was to identify the current service level for park maintenance, customer service/enforcement, and operations; compare services with best practices guidelines; and define the staffing and resources required to meet service level goals. The project team applied a multi-faceted analytical process that included extensive employee engagement, DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 311
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best practices research, and workload and labor hour profile analysis. The project team completed management and staff interviews, focus groups, and site visits. A wide variety of data was analyzed to define, for each park and each park asset, the labor hours required to complete ongoing and recurring tasks and special projects. This was compared to the labor hours required to achieve existing service levels and account for employee leave and vacancies. Service levels were then compared against best practices guidelines from industry organizations, such as the National Recreation and Park Association (NRPA), and benchmark organizations that operate in a similar climate, provide comparable services, and strive for best practices service levels in the area of park maintenance, customer service, and enforcement. The focus of this best practices research was to utilize service level goals, rather than population size or form of government, as the most important comparative factor. This approach enabled the project team to clearly define the staffing levels required to meet best practices service levels and to clarify the most effective approach for the staffing gap.

City of Austin TX
Reference: Kerri Lang, Budget Officer
301 W. 2nd Street, Room 3, Austin, TX 78701
P: 512.974.2610 / E: [email protected]
Project Dates: April 2020 – present
Contract Amount: $134,800 (2020 annual contract)
Team Members: Ferguson (Project Manager), Ingram (Staff Consultant), Olson (Staff Consultant), Pritchard (Staff Consultant), Kittelson (Staff Consultant), Flick (Staff Consultant)

In April 2020, the City of Austin (City) engaged Raftelis in a multi-year contract to conduct a series of continuous improvement studies in consultation with the City’s Office of Performance Management (OPM). The purpose of these studies was to identify specific strategies to improve the efficiency of municipal government operations and the value of government services delivered to the community. The City of Austin is the 11th largest city in the nation, characterized by an active community, vibrant entertainment and culture, stunning outdoor settings, and dynamic civic and social life. Committed to the mission of delivering the highest quality services in the most cost-effective manner, the City created the OPM in late 2015 to lead the City’s continuous improvement work and seeks to enhance the community-government trust equation through a three-part integrated approach to performance excellence: 1) driving continuous improvement of overall organizational effectiveness and capabilities, 2) continuously striving to accomplish strategic goals, and 3) promoting and supporting organizational and personal learning.

For the first contract, our project team and OPM developed a formal project work plan that identified the scope and key objectives for a review of six City departments:

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• Mobility Services
• Communications & Technology Management
• Building Services
• Human Resources
• Financial Services
• Communications & Public

For each of these departments, our project team was tasked with reviewing the value streams within the department, including service to customer departments, recommending enhancements to improve operations and cost-effectiveness, and assisting with implementation.

Subsequently, the firm conducted a series of additional projects, including:
• Development of Service Level Agreements between Building Services Department and customer departments
• Assessment of Financial Services Department IT operations to evaluate efficiency and service levels
• Creation of a Communication and Technology Management departmental strategic plan

City of Cedar Rapids IA
Reference: Chief Greg Smith, Fire Department
101 First Street SE, Cedar Rapids, IA 52401
P: 319.431.3807 / E: [email protected]
Project Dates: September 2022 - Present
Contract Amount: $75,500
Team Members: Ingram (Project Manager), DeMint (Subject Matter Expert), Flick (Staff Consultant)

The firm was engaged by the City of Cedar Rapids (City) to conduct a deployment analysis and operational review of the Cedar Rapids Fire Department (Department). The goal of this engagement is to identify opportunities for improved efficiency and effectiveness of operations, staffing, structure, technology, processes, and policies, as well as a review of staffing and deployment models, including the physical location of the City’s fire stations.

The comprehensive scope of work included assessing current Department operations, visiting each of the City’s nine fire stations, interviewing staff in each, meeting with dispatch staff, and reviewing GIS mapping and response data. Raftelis reviewed the age, condition, and maintenance of all facilities and equipment. Raftelis is working now to finalize the draft report, including recommendations on staff deployment and organizational and operational improvement.

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Brunswick County Public Utilities NC
Reference: John Nichols, Director, Brunswick County Public Utilities 250 Grey Water Road NE, Supply, NC 28462
P: 910.253.2653 / E: [email protected] Project Dates: March 2022 – March 2023
Contract Amount: $66,500
Team Members: Ferguson (Project Manager), Kirsch (Staff Consultant), Kittelson (Staff Consultant)

The Brunswick County Public Utilities Department (Department) engaged Raftelis to assess the organizational structure, services provided, and staffing needs of the water and wastewater utilities. This work included evaluating organizational and operational processes and comparing Brunswick County to peer organizations. Raftelis interviewed staff within the Department, toured facilities, reviewed best practices, and collected data from six benchmark organizations. Recommendations were made to improve the effectiveness of the utilities through structure changes, additional capacity, as well as enhancements to performance management, work planning, and communication within the Department.

Guilford County NC
Reference: Jason Jones, Deputy County Manager
301 West Market Street, Greensboro, NC 27401
P: 336.641.3383 / E: [email protected]
Project Dates: November 2021 – June 2022
Contract Amount: $64,500
Team Members: Ferguson (Project Manager), Teal (Staff Consultant)

In late 2021, Guilford County engaged Raftelis for an organizational assessment of its Human Resources Department (Department). The purpose of this assessment was to conduct an evaluation to improve the effectiveness of operations, staffing, technology, processes, and policies to support the HR Department’s transition to be proactive and innovative and to meet current and future workforce demands. Our team interviewed Department staff, met with stakeholders and internal customers, reviewed a variety of data and information, researched industry best practices, and compared the County’s HR operations with those in Durham, Forsyth, Mecklenburg, Orange, and Wake counties.

Recommendations included staffing and structural changes, training and development improvements, and technology implementation.

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F. COST INFORMATION
Cost Information
The total fixed fee for completion of the scope of work is $199,500. This includes all professional fees and expenses. Of this amount, $164,255 is for professional consulting services, and $35,245 is for expenses, including travel, lodging, and other incidentals.

The table below shows estimated project hours by team member classification, resulting in total professional consulting costs. No subconsultants will be used for this work.

Team Member Classification Activity
1 Activity
2 Activity
3 Activity
4 Activity
5 Total
Executive Vice President 2 2 2 2 2 10
Principal/Subject Matter Expert 4 40 14 4 4 66
Senior Manager 18 106 26 36 26 212
Senior Consultant 14 132 76 32 24 278
Consultant 4 64 24 16 12 120
Total Consulting Hours 42 344 142 90 68 686
Consulting Cost Per Activity
(Hours x Rate) $10,860 $84,090 $33,740 $22,380 $16,950 $168,020 Expenses $2,402 $18,394 $474 $5,986 $4,224 $31,480 TOTAL COST $13,262 $102,484 $34,214 $28,366 $21,174 $199,500

The table below shows hourly rates by project member classification. These rates will be fixed for work beyond the one-year contract.

Classification Hourly Rate
Executive Vice President $350
Principal/ Subject Matter Expert $275
Senior Manager $285
Senior Consultant $225
Consultant $195

The City will be invoiced monthly as tasks are completed.

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G. VALUE ADDED SERVICES
Value Added Services
Raftelis will apply a project approach, focusing on these specific objectives using our “Six R” approach. This involves soliciting and collecting information on City Responsibilities, Resources, Requirements, and Results in order to identify possible organizational and operational Revisions with an associated Roadmap to implement positive change. This approach is depicted in the following graphic.

Responsibilities – What drives the need for your services? It might be the organization’s vision or mission, Federal, State, or local ordinance, or community service standards or expectations. We review these drivers to better understand service level constraints and opportunities for change.

Resources – What assets are available to achieve your responsibilities? These may include time, human resources, staffing, management capacity, financial position, contractual services, technology, and equipment and facilities. We assess the adequacy of these resources based on the service level expectations.

Requirements – What direction is provided to staff? The method by which staff approach service delivery is often guided by laws, codes, policies and procedures, or informal mechanisms like past practices or on-the-job training. These sources provided staff with DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 316
RAFTELIS 13

direction on how they approach tasks and complete their work. We review these business processes to determine opportunities for improvement.

Results – What are the outcomes of your services? Our approach connects your responsibilities, resources, and requirements with the outcomes expected of your services.

We assess measures of efficiency and effectiveness to assist in data-driven decision-making.

Recommendations – Are there opportunities for improvement? Based on our qualitative and quantitative analysis of your programs and services, we develop recommendations for improving organizational performance. These changes can range from high-level considerations (i.e., should we be in this business) to strategic issues (i.e., should we consider alternative service sources) to tactical issues (i.e., how can we improve the productivity, efficiency, and effectiveness of the activity or service).

Roadmap – How do we get there? We develop a plan that will guide the organization through the implementation of the recommendations for improvement. The Roadmap offers the recommended priority order of implementation, suggestions for phasing, and key milestones for success. The Roadmap also serves as a valuable tool for the organization as well as the community to promote accountability and communicate progress toward implementation.

H. RESPONDENT ASSIGNMENT OF SUB-CONTRACT
Respondent Assignment
of Sub-Contract
Raftelis acknowledges that the resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Raftelis intends to subcontract any portion of the resulting contract, we must describe our process for selecting such subcontractor(s) and the quality control measures that Raftelis will employ to ensure that any subcontractor complies with the provisions of Respondent’s contract with the City.

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I. PREVIOUS CONTRACTS WITH THE CITY OF RICHMOND
Previous Contracts with the
City of Richmond
Raftelis has not been contracted to do business with the City of Richmond in the last 3 years.

J. EXCEPTIONS TO THIS REQUEST FOR PROPOSALS
Exceptions to this
Request for Proposals
We request that the City consider making the following modifications, shown in red below, to the Standard Contract. Please contact us if you have any questions or concerns about these modifications.

EXHIBIT D GENERAL CONDITIONS

3. City Property. . . 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. Nothing contained herein shall be deemed a transfer, assignment or divestiture by Consultant of its trade secrets, know-how or intellectual property.

Explanation: To make clear that we are not selling our trade secrets or intellectual property.

4. Patents, Trademarks, Copyrights and Rights in Data. Strike All.

Explanation: This Section is inapplicable to our work. It is more applicable to an engineering or construction contract. We cannot assign our trade secrets and intellectual property.

Correspondingly, the City has no need for it unless it intends to enter the business of municipal management consulting.

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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 prevailing at the time and place the services are performed. 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.

Explanation: This change makes the statement of our professional standard of performance legally correct.

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, after written notice and a reasonable opportunity to cure such failure or violation, 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.

Explanation: We should have notice of our failure or violation and a reasonable opportunity to cure such failure or violation.

15. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with caused by the negligence, gross negligence or willful misconduct by Contractor in Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, after written notice and a reasonable opportunity to cure, or its failure to comply with violation of any current or prospective applicable law, regardless of Contractor's fault or negligence, including any of the same DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 319
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resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, their officers, agents, or servants.

Explanation: The changes make the indemnity insurable by our carrier.

19. Compliance with Law s. Contractor shall comply with all applicable 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.

Explanation: The compliance requirement should be of applicable statutes, etc.

28. Confidentiality.

Except as required by court order, subpoena, legal process or applicable law, Aall 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.

Explanation: Court order, subpoena, legal process is an obligatory exception to a confidentiality provision.

K. STATEMENT OF IMPARTIALITY AND DISCLOSURE
Statement of Impartiality
and Disclosure
Raftelis is not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests.

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APPENDIX A: RESUMES
Michelle Ferguson

PROJECT DIRECTOR
Vice President

ROLE
Michelle will be responsible for overall
project accountability and will be available
to provide quality assurance and control,
industry perspective, and insights into the
project.

PROFILE
Michelle has nearly 25 years of
management experience with and for local
governments across the country. As
organizational assessment practice leader
for The Novak Consulting Group, Michelle
spearheaded the work of nearly 200 local
government reviews in some of the
foremost governments across the country.

Michelle has completed detailed
organizational reviews of entire
jurisdictions and recommended
improvements to the structure, staffing, and
processes within departments of all sizes.

As a Lean certified professional, Michelle
excels at helping local governments
continuously improve and rely on data to
make informed choices about services to
the public. She is skilled in project
management, process improvement
strategies, performance measurement,
consent building, and public process
design. Additionally, she has provided
customized training in the development
and use of performance measures to assist
numerous organizations continuously
improve service delivery. Michelle is also a
Specialties
• Organizational assessment
• Staffing analysis
• Process improvement
• Performance management
• Capital planning
• Strategic planning
• Facilitation
• Community engagement
Professional History
• Raftelis: Vice President (2021-
present), Senior Manager (2020-
2021); Organizational Assessment
Practice Leader, The Novak
Consulting Group (2009-2020)
• Management Partners: Senior
Management Advisor (2005-2009)
• Arlington County, Virginia: Assistant
County Manager (2002-2005)
• City of Overland Park, Kansas:

Assistant City Manager (1996-2002)
Education
• Master of Public Administration -
University of Kansas (1998)
• Bachelor of Arts in Political Science -
Loyola University, Chicago (1996)
Certifications
• Lean Certified
Professional Memberships
• International City/County
Management Association (ICMA)
• Engaging Local Government
Leaders (ELGL)
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skilled facilitator, able to bring diverse groups of people together to articulate shared visions and priorities. She has led strategic planning engagements at the community, organizational, and department levels, and she has facilitated numerous staff and governing body retreats.

Michelle began her consulting career in 2005 following ten years of direct experience in local government management, which included serving as assistant county manager in Arlington County, Virginia. During her tenure with Arlington County, Michelle oversaw the daily management and implementation of the County's capital program. She also led the organization-wide performance measurement initiative establishing their Balanced Scorecard. Before Arlington County, Michelle served as assistant city manager in Overland Park, Kansas.

Michelle earned a bachelor's degree in political science from Loyola University-Chicago and a master's degree in public administration from the University of Kansas.

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Rebekka G. Hosken

PROJECT MANAGER
Senior Manager

ROLE
Rebekka will serve as the City’s main point
of contact for the project and will manage
the day-to-day aspects of the project
ensuring it is within budget, on schedule,
and effectively meets the City’s objectives.

She will also lead the consulting staff in
conducting analyses and preparing
deliverables for the project.

PROFILE
Rebekka joined Raftelis in 2020 with 16
years of direct service to local governments
and 10 years of management consulting
experience. As an experienced consultant,
Rebekka has led organizational assessments
for a broad range of operating departments
and offices in cities, counties, universities,
and special districts, including community
development, public works, police,
administration, and city attorney
departments. With direct operational
experience in municipal administration,
public works, and finance departments,
Rebekka’s breadth of knowledge makes her
skillful in quickly identifying organizational
strengths and opportunities, analyzing
operations through creation of process maps
and workflows, preparing actionable
recommendations for improvement, and
communicating findings to a wide variety of
audiences. She has consulted for over 125
clients throughout the United States and
Canada.

Rebekka served as finance director for the
City of La Cañada Flintridge, California, a
Professional History
• Raftelis: Senior Manager (2023-
present); Manager (2020-2022)
• City of La Cañada Flintridge,
California; Finance Director (2017-
2020)
• City of Simi Valley, California;
Budget Officer (2012-2017)
• City of Burbank, California; Senior
Management Analyst (2010-2012)
• Management Partners; Senior
Consultant (1999-2010)
• Village of La Grange Park, Illinois;
Assistant Village Manager (1996-
1999)
• City of Appleton, Wisconsin;
Assistant to the Mayor (1994-1996)
• Town of Lexington, Massachusetts;
Management Intern (1992-1993)
Education
• Master of Business Administration –
Boston University (1993)
• Certificate in Local Government and
Non-Profit Management – Boston
University (1993)
• Bachelor of Arts in Russian Studies
– University of Michigan (1989)
Professional Memberships
• Government Finance Officers
Association
• California Society of Municipal
Finance Officers
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contract city north of Los Angeles, responsible for accounts payable, receivable, budget, audit, and payroll. She automated several previously manual operations and identified and successfully obtained a State loan for the financing of the City’s new city hall. Previously, Rebekka was the budget officer for the City of Simi Valley, California, a full-service community in the Los Angeles region. She prepared the City’s $196 million annual budget and $160 million capital improvement program.

Rebekka earned a master’s degree in Business Administration with a Certificate in Local Government and Non-Profit Management from Boston University, and a Bachelor of Arts from the University of Michigan – Ann Arbor. She has published articles in Public Management magazine and served as a trainer in sessions at International City/County Management Association (ICMA) conferences.

SPECIALTIES
• Organizational assessment
• Budgeting and financial analysis
• Business process improvement
• Strategic planning
• Staffing analysis

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Cassandra Deck-
Brown

PUBLIC SAFETY SUBJECT

MATTER EXPERT
Principal Consultant – Policing and Law
Enforcement

ROLE
Cassandra will provide input and guidance as
a Subject Matter Expert for the policing and
public safety components of this project.

PROFILE
Cassandra Deck-Brown led the Raleigh,
North Carolina Police Department (RPD) as
the Chief of Police. After 34 years of service
navigating her way through the RPD ranks,
Cassandra was often the first woman or the
first African American to assume a role or
obtain a rank. During her career, Cassandra
implemented and oversaw high-profile
initiatives and best practices including
nationally recognized programs that
embodied community engagement and law
enforcement best practices. As a consultant,
she helps to focus agencies nationwide on
reimagining policing in the 21st century.

Leading the RPD during a pandemic and
period of civil unrest, she directed numerous
projects that were wellness-based, or which
assessed police operations during civil unrest.

In 2018, she launched a multi-year research
project with a major academic institution to
assess the organizational wellness of
personnel via the use of virtual reality and
scenario-based platforms. Cassandra also led
an 18-month community engagement effort
and testing initiative for the implementation
of a $4.7M body worn camera project. She
Professional History
• Principal Consultant - Raftelis (2021-
Present)
• Police Chief – City of Raleigh, NC
(2013-2021)
• Raleigh Police Officer - Various
Ranks (1987-2021)
• Grants Manager – City of Raleigh
Police Department (2002-2003)
Education
• Master of Public Administration –
North Carolina State University
(1995)
• Bachelor of Science in Criminal
Justice – East Carolina University
(1987)
Certifications
• Certified Instructor – NCDOJ
• (1995-Present)
• Leadership in Homeland Security –
Harvard (2018)
Professional Memberships
• International Association of Police
Chiefs (IACP)
• Major Cities Chiefs Association
(MCCA)
• Police Executive Research Forum
(PERF)
• National Organization of Black Law
Enforcement Executives (NOBLE)
• National Executive Institute (FBI-NEI)
• Georgia-Israel Law Enforcement
Exchange – Georgia State University
(GILLEE)
• Anti-Defamation League (ADL)
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travelled to Israel in 2017 as a member of a law enforcement delegation to promote community policing in a predominately military state.

In 2016, she partnered with an international research company to evaluate the racial disproportionality of traffic stops. She also had an active role in helping to create and develop the current City of Raleigh Strategic Plan. She established a Citizen’s Police Academy and youth summit as well to reduce barriers between police and the community.

With strategic planning on a department level and municipal level, she has effectively forecasted budget needs premised on crime data, predictive policing models, and Intelligence-Led Policing. Her leadership was instrumental in model policy formation for body worn cameras, understanding the LGBT community, unmanned aerial systems and community policing, and designing a state of the art 60,000 square foot training facility and police museum. With executive oversight, she directed an organizational health and wellness program and developed services for the greater community specific to homelessness and mental health.

Cassandra is a nationally-known speaker regarding public safety and has made many presentations including “Recruiting and Retaining Female Leaders” at the Axon Accelerate Conference; “Grace, Grit and Resolve,” at the IIR and Valor Webinar; “Leading in a Crisis,” for the United Nations Council of Women; “Four US Police Chiefs on the Need for Change,” on CBS This Morning with Gayle King; “Leveling the Playing Field,” at the NOBLE Conference; “Community Engagement,” at the 2018 IACP Conference, “Breaking the Glass Ceiling,” for the NBC-Megyn Kelly Today” Show, and “Addressing the Homeless and Mental Health,” with Victor Blackwell for CNN.

SPECIALTIES
• Policing and public safety
• Law enforcement policy formation
• Community engagement
• Personnel management
• Crisis Management

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Tom DeMint

FIRE AND EMERGENCY SERVICES

SUBJECT MATTER EXPERT
Principal Consultant – Fire and
Emergency Medical Services

ROLE
As Fire and Emergency Services Subject
Matter Expert, Tom will work at Rebekka’s
direction to provide input and technical
guidance for the project.

PROFILE
Tom DeMint was the fire chief of the Poudre
Fire Authority (PFA) in Fort Collins,
Colorado from June 2011 to June 2021. He is
respected as an effective leader that is driven,
versatile and enthusiastic. As a highly
experienced trainer, teacher and mentor,
focused on continued growth and
improvement, Tom saw the PFA receive
accreditation from the Commission of Fire
Accreditation International (CFAI) twice,
reduced the community’s ISO rating,
developed two strategic plans, implemented
collective bargaining, opened new stations and
innovated new services, and led the initial
responses to COVID-19 pandemic. Tom has
broad experience with emergency management
as he led the PFA through the two largest
wildfires in Colorado history (the High Park
and Cameron Peak Fires) as well as the
devastating floods of 2013.Aware of current
local social, economic, and political priorities,
Tom has been a reliable, efficient, resourceful,
innovative, proactive, and responsive leader.

He reported directly to the Poudre Fire
Authority Board of Directors, the Fort Collins
City Council, and the Poudre Valley Fire
Protection District Board of Directors. Tom is
Education
• Bachelor’s Degree in Public
Administration – Regis University
• Associates of Applied Sciences,
Paramedic – Pratt Community
College
• National Fire Academy Executive
Fire Officer – United States Fire
Administration
• Center for Public Safety Chief
Fire Officer Designation
Professional History
• Consultant – Raftelis (2022 to
Present)
• Consultant – Emergency
Services Consultants
International, Chantilly, VA (2021-
2022)
• Fire Chief – Poudre Fire Authority
(2011-2021)
• Shift Battalion Chief – Poudre
Fire Authority (2005-2011)
• Training Chief – Poudre Fire
Authority (2003-2005)
• Strategic Plan Coordinator –
Poudre Fire Authority (2002-
2003)
• Assistant Fire Marshall – Poudre
Fire Authority (1998-2002)
• Captain – Poudre Fire Authority
(1997-1998)
• Firefighter – Poudre Fire
Authority (1998-1998)
• EMT/Paramedic – Stormont Vail,
Topeka, LS & Poudre Valley
Hospital (1977-1988)
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Past President of the Colorado State Fire Chiefs (CSFC).

For five years, Tom served as the President of the Board of Directors for the Front Range Fire Consortium Authority, overseeing fire recruit and incumbent training for fire departments throughout Northern Colorado, Wyoming, and Montana. Tom is the former Co-Chair of the Fort Collins 9-11 Memorial fund raising committee and member of the Fort Collins Fire Museum Committee. He has conducted classes on fire prevention and fire code instruction in the United States, the Middle East, and the Caribbean.

Tom is a member of the International Association of Fire Chiefs (IAFC), National Fire Protection Association (NFPA), Metro Fire Planners, and in the past has been active in the Fire Marshals Association of Colorado, the International Code Council, and Partnership for Aging Friendly Communities. He is recognized as a Credentialed Chief Fire Officer by the Commission on Professional Credentialing and is a Level 1 Peer Assessor for the CFAI.

SPECIALTIES
• Fire Department and Emergency Medical Services assessment • Consolidation/shared services evaluation
• Staffing studies
• Fire service funding and budgeting
• Fire service response and deployment

PROFESSIONAL MEMBERSHIPS
• International Association of Fire Chiefs (Missouri Valley Division) • National Fire Protection Association
• Metro Fire Planners
• Fire Marshals Association of Colorado
• Commission on Professional Credentialing – Level 1 Peer Assessor • Colorado State Fire Chiefs

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Mark Olson

STAFF CONSULTANT - LEAD
Senior Manager

ROLE
Mark will work at the direction of Rebekka
in conducting interviews, directing analysis,
preparing recommendations, and drafting
deliverables. He will assist Rebekka in
leading the consulting team.

PROFILE
Mark brings 30 years of consulting and local
government service to the team. As a
consultant, Mark’s work includes financial
and management audits, organization and
management consulting, productivity and
benchmarking studies, and cost analysis and
process improvement projects for state and
local governments.

His clients have ranged from large state
agencies to small, independent local
governments across the nation. Areas of
work include financial and operational
reviews in a wide variety of service areas.

He employs a collaborative approach with
clients in developing information, assessing
alternatives, and producing solutions. Mark
also uses a variety of tested study
approaches that are customized to meet the
particular objectives of the project or client.

Whether the project takes the form of a
comprehensive government review or a
single agency review to meet a variety of
project purposes, Mark has led or
participated in these reviews in virtually
every area of government service provision
at the local level. In addition to
comprehensive government reviews, Mark has led multiple-agency reviews to identify Professional History
• Raftelis: Senior Manager (2021-
present); Manager (2020)
• DuPage County, Illinois Health
Department: Chief Financial
Officer/Director of Business
Resources (2014-2020)
• Financial, Operations and
Management Consulting (1997-
2014)
• Forest Preserve District of DuPage
County: Budget and Management
Coordinator (1994-1997)
• Illinois Department of
Transportation: Budget Development
Coordinator (1991-1994)
• Illinois Office of Management and
Budget: Capital Program Analyst
(1988-1991)
Education
• Master of Arts in Public Policy -
University of Chicago (1998)
• Bachelor of Arts in Sociology -
University of Illinois at Urbana-
Champaign (1985)
• Bachelor of Arts in Political Science -
University of Illinois at Urbana-
Champaign (1985)
Professional Memberships
• Government Finance Officers
Association (GFOA)
• Institute of Management
Accountants
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opportunities for shared services or alternative service delivery. These projects have included emergency communications reviews, inter-jurisdictional service sharing, and consolidation.

Mark earned a master’s degree in public policy studies with an emphasis on financial and operations analyses from the Harris Graduate School of Public Policy Studies at the University of Chicago. Mark also holds a bachelor’s degree in political science and a bachelor’s degree in sociology from the University of Illinois at Urbana-Champaign.

SPECIALTIES
• Local government budgeting and financial management
• Strategic and tactical planning
• Organizational assessment
• Business process improvement
• Change management

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J. Scott Parker

STAFF CONSULTANT
Senior Manager

ROLE
Scott will work at the direction of
Rebekka in conducting interviews,
directing analysis, preparing
recommendations, and drafting
deliverables.

PROFILE
Scott has over 20 years of experience in
local government, utility management,
and private consulting. Prior to joining
Raftelis, he served as the Asset Manager
for KC Water in Kansas City, Missouri.

Before KC Water, he served as the
Assistant Director for Public Works in
both Olathe and Lenexa, Kansas, where
he led the finance, data management,
solid waste, field operations (streets,
utilities, traffic), and communications
divisions, and managed multiple Police,
Parks, and Fire Department capital
projects. He also has private consultant
experience providing capital planning,
financial analysis, data system, asset
management, and interim-executive
services to Ft. Smith, Arkansas; Jackson,
Mississippi; and Kansas City, Kansas, all
of whom had signed Federal Consent
Decrees with the Environmental
Protection Agency (EPA).

Scott’s wide range of experience has given him extensive leadership and technical expertise in the fields of asset management, information technology, general management, and operations in multiple domains. As an Asset Management practitioner, Scott has used his understanding of the field to design teams that combine the best theoretical concepts of asset management with the opportunities and cultural circumstances specific to the organizations for which he has worked. He has extensive experience with all elements of utility capital Professional History
• Raftelis: Senior Manager (2022)
• KC Water: Utility Officer – Asset
Manager (2018-2022)
• Burns and McDonnell: Engineering
Manager (2015-2018)
• City of Olathe, KS: Assistant Director
of Public Works (2011-2015)
• City of Lenexa, KS: Assistant
Director of Public Works/Assistant to
the City Manager (2006-2011)
• Budget and Finance Analyst, City of
Kansas City, Missouri (2003-2006)
• L.P. Cookingham Management
Fellow, City of Kansas City, Missouri
(2002)
Education
• Master of Public Administration –
University of Missouri (2004)
• Master of Arts, History – University
of Arkansas-Fayetteville (2000)
• Bachelor of Arts in History -
Graceland University (1997)
Professional Memberships
• Institute of Asset Management
• Water Environment Federation
• American Water Works Association
• Water Research Foundation
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planning, financing, and project delivery. He has spoken at several national conferences on asset management and utilities management.

Scott earned a Masters degree of Public Administration from the University of Missouri, Masters degree of Arts from University of Arkanasa-Fayetteville, and a Bachelors of Arts from Graceland University.

SPECIALTIES
• Asset Management for utilities and local governments
• Capital Planning, Budgeting, and Implementation
• Data Strategic Planning, Management and Governance
• Business Risk Exposure (BRE) and Decision Support System (DSS) methodologies for infrastructure
• Data Analytics and Business Intelligence standards
• Business Process Modeling
• Performance Management (measurement, dashboarding, etc.) • Organizational Design and Capacity Building
• Utility Governance

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Ben Kittelson

STAFF CONSULTANT
Senior Consultant

ROLE
Ben will work at the direction of
Rebekka in conducting interviews,
directing analysis, preparing
recommendations, and drafting
deliverables.

PROFILE
Ben began consulting in 2019 after
seven years of direct service to local
governments on the East and West
Coast. Most recently, Ben worked for
the Budget and Management Services
Department in the City of Durham,
North Carolina. He worked on the
annual budget and the community-wide
strategic plan. He completed revenue
projections for sales tax and water sales,
assisted with financial planning for
affordable housing, and led community
engagement efforts designed to inform
the City’s budget process. Ben also
started an innovation partnership
program with local technology startup
companies.

As a Senior Consultant, Ben has worked
on dozens of projects across the country
evaluating local government operations
and identifying actionable
recommendations. Ben has assessed a
wide variety of local government
operations including public safety,
public works, utilities, parks, human
resources, and development review. He
has analyzed staffing levels and
organizational structure, created process
Specialties
• Budgeting and financial analysis
• Organizational assessment
• Strategic planning
• Innovation
• Staffing analysis
Professional History
• Raftelis: Senior Consultant (2022-
present) Consultant (2020-2021);
Consultant, The Novak Consulting
Group: (2019-2020)
• City of Durham, North Carolina: Senior
Budget and Management Analyst
(2016-2019)
• Guilford County, North Carolina: Budget
and Management Analyst (2014-2016)
• City of Gresham, Oregon: Intern (2014)
• Oregon Metro: Intern (2014)
• City of West Linn, Oregon: Intern (2013-
2014)
• City of Beaverton, Oregon: Intern (2012-
2013)
Education
• Master of Public Administration -
Portland State University (2014)
• Bachelor of Arts in Politics and
Economics - Willamette University
(2012)
Professional Memberships
• Engaging Local Government Leaders
(ELGL): Board of Directors (Chair)
• North Carolina Local Government
Budget Association (NCLGBA)
• Strong Towns
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maps, and developed recommendations based on the unique environment and infrastructure needs of the community. Ben is skilled at connecting operational and staffing needs with the strategic priorities of the organization, service levels, and community expectations. He has also assessed employee satisfaction and workplace culture using qualitative and quantitative methods.

Ben began his career in the Portland, Oregon region, where he served the Cities of Beaverton, West Linn, and Gresham, as well as Metro, the regional government for the Portland area. Ben expanded his experience in the Budget, Management, and Evaluation Department in Guilford County, North Carolina.

Ben is a founding member of Engaging Local Government Leaders (ELGL). Ben earned a master’s degree in public administration from Portland State University and a bachelor’s in politics and economics from Willamette University.

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Claire Pritchard

STAFF CONSULTANT
Senior Consultant

ROLE
Claire will work at the direction of Rebekka in
conducting interviews, directing analysis,
preparing recommendations, and drafting
deliverables.

PROFILE
Claire began her consulting career following
five years of service with Dakota County,
Minnesota, where most recently she held the
position of assistant to the county manager.

While with Dakota County, Claire coordinated
the County’s legislative agenda, assisted in the
development of the annual budget, and
conducted financial impact analyses and
process improvement efforts for a variety of
County functions. Claire also coordinated the
County’s transition to a new form of
government in 2013.

As a consultant, Claire has worked on
organizational and staffing analyses for
communities around the country. She has
developed staffing models for clients to predict
future staffing needs based upon a variety of
workload driver assumptions.

Claire has also assisted in developing financial
models to analyze revenue and expenditure
trends, as well as conducted detailed staffing
and workload analysis to determine optimal
organizational structures. She has developed
and analyzed an array of employee and
community-based surveys. Claire has
conducted several best practice and
benchmarking research projects and has
Specialties
• Organizational assessment
• Staffing analysis
• Survey and data analysis
• Best practice and benchmarking
research
Professional History
• Raftelis: Senior Consultant
(2023-present); Consultant
(2021-2022); Associate
Consultant (2020-2021);
Associate Consultant, The
Novak Consulting Group (2018-
2020)
• Dakota County, Minnesota:

Assistant to the County Manager
(2013-2017)
• National Association of Regional
Councils: Policy Intern (2012)
• Congressional Research Service
(2010-2011)
Education
• Master of Public Policy -
University of Chicago (2013)
• Bachelor of Arts in Political
Science - University of Chicago
(2009)
Professional Memberships
• International City/County
Management Association
(ICMA)
• Engaging Local Government
Leaders (ELGL)
• International Facility
Management Association (IMFA)
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RAFTELIS 32

assisted in the creation of strategic planning and implementation deliverables.

As a student at the University of Chicago, Claire served as a policy intern with the National Association of Regional Councils, where she developed an educational program on the work of regional councils. She was also the associate editor for international development for the Chicago Policy Review.

Claire earned a bachelor’s degree in political science from the University of Chicago and a master’s degree in public policy from the University of Chicago Harris School of Public Policy. She is a member of the International City/County Management Association and is a former ICMA Local Government Management Fellow.

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James Flick

STAFF CONSULTANT
Senior Consultant

ROLE
James will work at the direction of Rebekka in
conducting interviews, directing analysis,
preparing recommendations, and drafting
deliverables.

PROFILE
James has over 10 years of organizational
leadership experience, including five years in
local government. Most recently, James served
as the Director of Economic Development and
Public Information Officer for Deerfield
Township in Warren County, Ohio.

Previously, he was a Development Officer and
oversaw the Policy and Communication
Division for the Department of Community
and Economic Development at the City of
Cincinnati.

James' areas of expertise include economic
development, project management, and
performance measurement. In addition, he is a
skilled communicator, analyst, and creative
problem solver.

During his tenure at Deerfield Township,
James worked closely with entrepreneurs
looking to start a business, assisted existing
companies with relocations and expansions,
and managed development projects of varying
scales. He also served on the Executive Board
of the Warren County Small Business
Development Alliance.

At the City of Cincinnati, James was
instrumental in developing strategic plans to
Specialties
• Organizational assessment
• Strategic Planning
Professional History
• Raftelis: Senior Consultant
(2021-present)
• Northern Kentucky University:

Adjunct Instructor (2017-2021)
• Deerfield Township, Ohio:

Economic Development
Director/Public Information
Officer (2018-2021)
• City of Cincinnati: Development
Officer /Interim Division
Manager, Policy and
Communication (2016-2018)
• Cushman and Wakefield: Vice
President of Research and
Marketing (2010-2016)
Education
• Master of Public Administration –
Northern Kentucky University
(2010)
• Bachelor of Arts in Political
Science – Eastern Michigan
University (2006)
Professional Memberships
• Economic Development Finance
Professional Certification (NDC)
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RAFTELIS 34

address smart city initiatives, small business growth, retail revitalization in the urban core, and foreign direct investment.

James has presented at several state and regional conferences on smart cities, data and demographics, and economic development's relationship to parks. He is also an Adjunct Instructor for the Northern Kentucky University Master of Public Administration program, where he teaches Community Development, Public Policy, and Budgeting.

James earned a bachelor's degree in political science from Eastern Michigan University and a master's degree in public administration from Northern Kentucky University.

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Janae Janik

STAFF CONSULTANT
Consultant

ROLE
Janae will work at the direction of Rebekka in
conducting interviews, directing analysis,
preparing recommendations, and drafting
deliverables.

PROFILE
Janae began her consulting career following 12
years of service with the City of San Diego
Superior Court. Her expertise lies in the areas
of process improvement, strategic planning,
program implementation, and workforce
planning and support. She is an innovative
problem solver who maximizes the usage of
technological solutions.

As a Budget and Finance Analyst with the City
of San Diego, Janae assisted in the
development of a $200-million-dollar annual
budget, developed forecasting models for future
revenue and expenditures, and conducted
financial trend analysis of payroll and benefit
costs for over 1,200 employees.

Janae is well-versed in the creation of strategic
plans and managing high visibility projects with
cross-functional impacts. During her tenure as a
Court Operations Supervisor, she managed the
transition to virtual court proceedings during
the COVID-19 pandemic to allow remote
access to justice for community members.

Other notable projects included re-allocating
available resources to maintain services
following staffing reductions, authoring
standard operating procedures to share best
practices throughout the organization, and
developing a new electronic system for filing
Specialties
• Organizational assessment
• Process improvement
• Strategic planning
• Program implementation
• Performance management
• Forecasting
• Data analysis
Professional History
• Raftelis: Consultant (2022-
present)
• Wells Fargo: Senior Technology
Business Systems Consultant --
Contractor (2022)
• San Diego Superior Court:

Budget & Finance Analyst
(2021-2022); Court Operations
Supervisor (2018-2021);
Courtroom Clerk (2016-2018);
Court Administrative Clerk
(2013-2016); Court Operations
Clerk (2010-2013)
Education
• Master of Business
Administration – Western
Governors University (2015)
• Bachelor of Science in
Television, Film & New Media –
San Diego State University
(2010)
Professional Memberships
• Engaging Local Government
Leaders (ELGL)

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RAFTELIS 36

documents to reduce case processing times and improve customer experience. Janae was instrumental in identifying continuous process improvement opportunities that drove operational efficiencies and reduced costs.

Janae began her career at the Superior Court working in various customer service and administrative roles aimed at improving case processing times and providing quality service to members of the San Diego community.

Janae earned a master’s degree in business administration and strategic management from Western Governors University and a bachelor’s degree in television and film from San Diego State University.

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RAFTELIS 37

Colin Stifler

STAFF CONSULTANT
Consultant

ROLE
Colin will work at the direction of Rebekka in
conducting interviews, directing analysis,
preparing recommendations, and drafting
deliverables.

PROFILE
Colin brings diverse experiences in local
government and management consulting to his
projects and client relationships. He has
participated in numerous organizational
assessments and strategic planning initiatives
for municipalities, counties, and public utilities
across the United States. These engagements
have involved individual department
assessments and process improvement analyses,
as well as organization-wide reviews spanning
multiple departments.

Colin began his consulting career following six
years of education, non-profit, and local
government experience. Most recently, he
worked for Wake County, North Carolina’s
Community Services Department, where he
analyzed and helped implement policies
spanning five County divisions and over 700
employees. Notable projects included creating
an operational framework for an innovative
environmental education facility, as well as
identifying performance measures and
supporting metrics for the County’s library
book selectors.

Prior to Wake County, Colin worked with the
North Carolina Department of Environmental
Quality, where he specialized in local
Specialties
• Organizational assessment
• Survey and data analysis
• Best practice and benchmarking
research
• Program design and
implementation
• Contracting and oversight
Professional History
• Raftelis: Consultant (2021-
present);
• Wake County, North Carolina:

Assistant to the Community
Services Director (2021)
• North Carolina Dept. of
Environmental Quality: Research
Analyst (2020-2021)
• Fidelity Charitable: Senior
Specialist (2017-2019)
• Gannan Normal University
(China): Adjunct Professor
(2015-2016)
• South Korean Ministry of
Education: English Program
Coordinator (2014-2015)
Education
• Master of Public Administration -
University of North Carolina
(2021)
• Bachelor of Arts in Philosophy -
Miami University (2014)
Professional Memberships
• Engaging Local Government
Leaders (ELGL)
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RAFTELIS 38

government solid waste and recycling issues. After helping dozens of counties and municipalities navigate contract disputes, Colin created an ideal contract template for local governments to use when outsourcing the collection and processing of recyclable materials.

In his role with Fidelity Charitable, he coordinated multimillion dollar donations for prominent philanthropists. He began his career as an English teacher in South Korea and China.

Colin earned a bachelor’s degree in philosophy from Miami University (Ohio) and a master’s degree in public administration from the University of North Carolina at Chapel Hill.

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APPENDIX B: REQUIRED FORM

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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.

Nickie Mastay
Raftelis
Human Resources
Nickie Mastay
DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 344
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:

Raftelis
Raftelis
Nickie Mastay
445 S. Figueroa Street, Suite 1925
Los Angeles, CA 90071
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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 346
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.

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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.

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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: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 349
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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General Conditions/EJ/TE 01-19-11 6 of 13

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 351
General Conditions/EJ/TE 01-19-11 7 of 13

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

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 352
General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 353
General Conditions/EJ/TE 01-19-11 9 of 13

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

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 354
General Conditions/EJ/TE 01-19-11 10 of 13

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

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 355
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 356
General Conditions/EJ/TE 01-19-11 12 of 13

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

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

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

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

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

39. Performance and Final Acceptance.

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

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

DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 357
General Conditions/EJ/TE 01-19-11 13 of 13

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

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

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

DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 358
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):

Exhibit D is hereby amended per Attachment A, pages 14-16

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
Raftelis
DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 359
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.

Raftelis
DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 360
___ 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.

DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 361
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 362
___ 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.

DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 363

CITY OF RICHMOND
Sanctuary City Compliance
Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S.

Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).

Contractor understands the meaning of the following terms used in the SCCO:

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
Exhibit G
DocuSign Envelope ID: E2C8FF0E-EB27-4D5A-AA8F-11F346DA5868 Michelle Ferguson
City
7/26/2023
Vice President
Raftelis
Raftelis364

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Human Resources
Nickie Mastay
[email protected]
(510) 620-6609
16081
6639
To perform workforce analysis.
✔
1 Raftelis
445 S. Figueroa Street, Suite 1925
Los Angeles, CA 90071
Michelle Ferguson
(828) 777-6588
[email protected]
4006 4839
December 31, 2024
✔
May 23, 2023
June 1, 2023
March 31, 2024
200,000.00
DocuSign Envelope ID: F7F7F0E2-C378-4560-8683-057CD602A54F 365
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.

Raftelis
DocuSign Envelope ID: F7F7F0E2-C378-4560-8683-057CD602A54F Executive Vice President
City Manager
4/16/2024
366
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM 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. 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

Raftelis
1 6639
June 1, 2023
September 30, 2024

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