October 15, 2024
Finance Department
DATE: October 15, 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
Antonio Banuelos, Accounting Manager
Subject:
Investment and Cash Balance Report, Monthly Overtime
Reports, and Documentary Transfer Tax Report for the
Month of August 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, Monthly
Overtime Reports, and Documentary Transfer Tax
Report for the month of August 2024.
RECOMMENDED ACTION:
RECEIVE the City’s Investment and Cash Balance
Report, Monthly Overtime Reports, and Documentary
Transfer Tax Report for the month of August 2024 –
Finance Department (Andrea Miller 510-620-6740).
DISCUSSION:
Investment and Cash Balance Report
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 AGENDA
REPORT
249
October 15, 2024
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 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 after 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 August 31, 2024. Based on the policy direction received during the special City Council meeting, Council directed staff to review and modify the City of Richmond’s Investment Policy to add additional restrictions eliminating the investment of City funds in industries that facilitate violence, war, oppression, and apartheid. Staff has been directed to present Investment Policy modifications and recommendations for socially responsible investments to Council for consideration which will occur at the December 3, 2024, City Council meeting.
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.
Overtime Reports
The overtime reports for the month of August 2024 provides a summary of budget-to- actual overtime usage by department for miscellaneous and sworn staff. Year-over-year and month-over-month totals are included for sworn staff.
Documentary Transfer Tax
At the June 24th City Council Budget Hearing, City Council requested monthly updates of the Transfer Tax received by the City of Richmond from the County for the sale of properties in Richmond. As this being the most volatile revenue stream for the City, the 250
October 15, 2024
amounts received month-to-month can vary from the low $300,000 to the highs of $3 million – a few large sales can widely swing the revenues.
In September, the City received data from the County identifying that August 2024 Transfer Tax would total $420,134.
DOCUMENTS ATTACHED:
Attachment 1 – Investment and Cash Balance Report for August 2024 Attachment 2 – Overtime Report for August 2024
Attachment 3 – Overtime Public Safety Report for August 2024 Attachment 4 – Documentary Transfer Tax Report for August 2024
251
252
Investment Composition:
Book Value of Investments Held 287,966,942.36
Market Value of Investments Held 287,966,942.36
Par Value of Investments Held 287,966,942.36
Unrealized Gain (Loss) - amount -
Unrealized Gain (Loss) - percentage 0.00%
% Book Value
Federal Agency Securities 0.00% -
JPFA Pooled Investment
(CalTrust) 63.90% 184,019,050.99
Local Agency Investment Fund (LAIF) 17.47% 50,304,625.41 Mechanics Bank Money Market 18.63% 53,643,265.96
Certificate of Deposit 0.00% -
Total Investments Held 100. 00% 287,966, 942.36
Pooled Cash & Investments:
Pooled Investments (Unrestricted) 287,966,942.36
General Checking 16,211,507.74
Total Pooled Cash & Investment 304,178,450.10
Fiscal Agent & Other Restricted Investments:
City 12,722,641.90
Successor Agency to the RCRA 24,369,942.65
Total Fiscal Agent & Other Investments 37,092,584.55
Other Operating Accounts:
All Other Cash 7,518,779.81
CalPERS CERBT (RPOA-OPEB) 11,896,024.49
PARS Combo Trust (City-OPEB & Pension) 50,854,864.37
Total Other Operating Accounts 70,269,668.67
Total Cash Balance ( Fund detail attached) 411,540,703.32 #REF!
Book Value by Investment Type
City of Richmond
Investment Report for August 2024
Pooled Investment Portfolio Analysis
Book Value History
(in millions)
UNAUDITED
$268.8 $277.3 $261.9 $253.8
$299.4 $302.2 $304.1 $304.2
$339.2 $338.0
$357.6
$301.5 $287.9
$0.0
$50.0
$100.0
$150.0
$200.0
$250.0
$300.0
$350.0
$400.0
Aug
'23
Sep
'23
Oct
'23
Nov
'23
Dec
'23
Jan '24 Feb
'24
Mar
'24
Apr
'24
May
'24
June
'24
July
'24
Aug
'24
JPFA Pooled
Investment (CalTrust)
184,019,050.99
64%
LAIF
50,304,625.41
17%
Mechanics Bank
Money Market
53,643,265.96
19%
JPFA Pooled Investment
(CalTrust)
LAIF
Mechanics Bank Money Market
253
254
255
256
257
258
259
260
261
262
263
264
Overtime Report for August 2024 (Attachment 2)
PERIOD 2, AUGUST 2024
17% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET PCT
GENERAL FUND (Summary)
400031 OVERTIME/General 1,903,320 5,512 1,908,832 495,053 1 ,413,779 26% 400032 OVERTIME/Sworn 11,190,934 - 11,190,934 1,722,177 9,46 8,757 15% TOTAL GENERAL FUND 13,094,254 5,512 13,099,766 2,217,230 10,882,536 17% General Fund Overtime By Department
CITY CLERK
Administration 25,000 - 25,000 3,119 21,881 12%
COMMUNITY DEVELOPMENT
General Plan Code Enforcement - - - 154 (154) 100%
FINANCE
Payroll 30,000 - 30,000 3,348 26 ,652 11% Accounts Payable - - - 317 (317) 100% Revenue Collection 5,000 - 5,000 204 4,796 4% TOTAL FINANCE 35,000 - 35,000 3,870 31,130 11% POLICE
Administration 490,227 - 490,227 87,274 402,953 18% CAD Dispatch System 751,511 - 751,511 164,481 587,030 22% RM System 4,000 - 4,000 630 3,370 16% Parking Enforcement 4,000 - 4,000 4,970 (970) 124% Sworn Administration 6,708,965 - 6,708,965 1,104,602 5 ,604,363 16% TOTAL POLICE 7,958,703 - 7,958,703 1,361,9 57 6,596,746 17% FIRE
Administration 2,000 - 2,000 1,808 192 90% Suppression - - - 124,089 (124,089) 100% Sworn Suppression 4,452,872 - 4,452,872 584,224 3,8 68,648 13% Sworn Prevention 29,097 - 29,097 2,358 26,739 8% Prevention - - - 741 (741) 100% Prv-Chvrn Insp - - - 1,133 (1,133) 100%
Overtime Report for August 2024 (Attachment 2)
17% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET PCT
Sworn Training - - - 30,993 (30,993) 100% TOTAL FIRE 4,483,969 - 4,483,969 745, 346 3,738,623 17%
OFFICE OF NEIGHBORHOOD SAFETY
Administration 40,000 - 40,000 1,573 38,427 4%
PUBLIC WORKS & ENGINEERING SVCS
Stationary Engineers 12,000 - 12,000 1,655 10,345 14% Building Services 5,000 - 5,000 3,560 1,440 71% Utility Sections 132,000 - 132,000 13,157 118,8 43 10% Electric 25,000 - 25,000 5,182 1 9,818 21% Parks & Landscape Admin 200,000 - 200,000 39,713 160,287 20% Streets Administration 36,000 - 36,000 - 36,000 0% Street Sweeping 1,100 - 1,100 - 1,100 0% Pavement Maintenance 41,447 - 41,447 9,667 31,780 23% Traffic Signs & Lines 4,885 - 4,885 4,951 (66) 101% Equipment Services 20,000 - 20,000 2,546 17,454 13% Abatement Services 50,000 - 50,000 7,645 42,355 15% TOTAL PUBLIC WORKS 527,432 - 527,432 88,077 439,355 17%
LIBRARY
Library Administration 7,000 - 7,000 4,435 2,565 63%
COMMUNITY SERVICES
Recreation Services/Cities of Service - - - 123 (123) 100% Recreation Administration 400 - 400 586 (186) 146% Booker T Center 100 - 100 30 70 30% Nevin Center 1,800 - 1,800 725 1,075 40% Shields Reid 200 - 200 - 200 0% Recreation Complex 1,000 - 1,000 1,741 (741) 174% Parchester Center 700 - 700 842 (142) 120% May Valley Center 700 - 700 1,061 (361) 152% Recreation DPRC 750 - 750 - 750 0%
Overtime Report for August 2024 (Attachment 2)
17% Threshold
ORIGINAL
BUDGET TRANSFERS REVISED
BUDGET
YTD
EXPENDED
AVAILABLE
BUDGET PCT
Senior Center 200 - 200 - 200 0% Senior Center Annex 300 - 300 102 198 34% Aquatics 5,000 - 5,000 1,511 3,489 30% Convention Center 1,500 5,512 7,012 1,075 5,937 15% Plunge 3,500 - 3,500 903 2,597 26% TOTAL COMMUNITY SERVICES 16,150 5,512 21,662 8,698 12,964 40%
ECONOMIC DEVELOPMENT PROGRAM
Administration 1,000 - 1,000 - 1,000 0% TOTAL GENERAL FUND 13,094,254 5,512 13,099,766 2,217,230 10,882,536 17% Non-General Fund Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 - 20,000 716 19,284 4% 1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 - 25,300 8,105 17,195 32% 1018 RENT CONTROL 2,500 - 2,500 1,327 1,173 53% 1050 CR-PLANNING & BUILDING 9,500 - 9,500 1,065 8,435 11% 1050 CR-PLANNING & BUILDING 15,000 - 15,000 1,541 13,459 10% 1055 ENCROACHMENT SVCS 25,000 - 25,000 4,191 20,809 17% 1303 KIDS FIRST INITIATIVE - - - 790 (790) 100% 4003 WASTEWATER ADMINISTRATION - - - 4,219 (4,219) 100% 4003 WASTEWATER PRE-TREATMENT 7,500 - 7,500 1,059 6,441 14% 4006 STORMWATER - - - 11 8 (118) 100% -
4405 RHA-NYSTROM VILLAGE 11,000 - 11,000 946 10,054 9% TOTAL NON-GENERAL FUNDS 115,800 - 115,800 23,958 91,842 21%
Overtime Public Safety Report for August 2024 (Attachment 3) 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
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 5,910,592 172.2% (2,477,573) 492,549.37 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 2,497,290 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 3,651,935 103.4% (118,892) 304,327.96 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 379,016 408,253 487,481 423,830 333,006 307,152 255,420 330,788 314,524 336,044 304,989 366,419 4,246,922 82.2% 918,512 353,910.14 POLICEFY2022-23 Overtime - Sworn 5,165,435 4,800,000 373,491 355,649 399,628 355,866 377,889 401,964 396,783 474,403 463,499 416,775 496,542 449,394 4,961,883 103.4% (161,883) 413,490.26 FY2023-24 Overtime - Sworn 4,800,000 6,708,965 487,105 925,716 477,693 462,417 470,347 531,204 424,452 626,680 478,293 593,735 568,535 588,097 6,634,274 98.9% 74,691 552,856.16 FY2024-25 Overtime - Sworn 6,708,965 6,708,965 560,788 543,814 1,104,602 16.5% 5,604,363 552,301.12 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 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,166 2,760,261 110.0% (250,347) 230,021.77 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 1,993,165 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) 319,628.09 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 448,493 410,429 297,215 355,475 725,409 438,807 4,842,489 111.7% (507,990) 403,540.77 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 5,135,869 524,969 473,094 348,296 346,854 363,759 315,266 363,100 382,930 381,442 417,762 431,523 357,820 4,706,814 91.6% 429,055 392,234.47 FY2024-25 Overtime - Sworn 4,481,969 4,481,969 285,095 332,480 617,575 13.8% 3,864,394 308,787.49 FY2024-25 TOTAL 11,190,934 11,190,934 845,882 876,295 - - - - - - - - - - 1,722,177 15.4% 9,468,757 861,088.61
BUDGET ACTUALS TOTAL
268
Documentary Transfer Tax
The City of Richmond receives Documentary Transfer Tax from the County for the sale of properties in Richmond. As one of the most volatile revenue stream s for the City, the amounts received can vary month- to-month from the low $300 thousand to the highs of $3 million. A few large sales can widely swing the revenues.
In FY2023-24, the City budgeted $13.3 million for the Transfer Tax category and received $8.6 million, equating to a difference of $4.7 million.
For FY2024-25, the City has budgeted $7.4 million. The difference between the budgeted amounts in these two years is that in the current budget, staff did not include sales over $10 million. These few and unpredictable transactions skew the monthly sales a mounts.
Removing these transactions from the calculation yields more predictable and obtainable amounts to be used for budgeting.
As a reminder, Measure H, approved by Richmond voters in November 2018, went into effect at the end of December 2018. M easure H increased the real estate transfer tax from 0.7 percent to 1.25 percent for properties with a sale price of over $1 million but below $3 million, 2.5 percent for properties with a sale price between $3 - $10 million, and
3.0 percent for properties with a sale price over $10 million.
The table below shows each monthly payment going back to FY2018- 19 and highlights the volatility of this revenue stream. Of note are the very high payments received certain months which are shown as significant peaks.
Attachment 4 – Documentary Transfer Tax Report for August 2024
269
Action City Split
$6,125.00
$3,682.00
$5,110.00
$6,580.00
$5,775.00
$6,510.00
$4,270.00
$2,730.00
$5,593.00
$2,800.00
$13,562.50
$4,480.00
$2,800.00
$4,235.00
$3,395.00
$2,905.00
$2,450.00
$1,316.00
$1,316.00
$2,520.00
$4,970.00
$3,255.00
$1,995.00
$3,010.00
$3,500.00
$3,675.00
$4,305.00
$1,400.00
$3,430.00
$2,800.00
$12,812.50
$4,501.00
$4,095.00
$5,775.00
$13,187.50
$3,080.00
$469.00
$5,600.00
$15,125.00
$6,265.00
$6,370.00
$6,265.00
$5,495.00
$3,612.00
$3,570.00
$4,620.00
$4,445.00
$3,010.00
$1,400.00
2024-0081883 08/22/2024 11:50 08/22/2024 11:50:00
2024-0082248 08/23/2024 08:42 08/23/2024 08:42:00
2024-0082392 08/23/2024 10:34 08/23/2024 10:34:00
2024-0081028 08/20/2024 14:43 08/20/2024 14:43:00
2024-0081155 08/21/2024 08:29 08/21/2024 08:29:00
2024-0081575 08/21/2024 14:25 08/21/2024 14:25:00
2024-0080791 08/20/2024 10:57 08/20/2024 10:57:00
2024-0080887 08/20/2024 11:44 08/20/2024 11:44:00
2024-0080902 08/20/2024 11:59 08/20/2024 11:59:00
2024-0080171 08/16/2024 16:09 08/16/2024 16:09:00
2024-0080326 08/19/2024 10:36 08/19/2024 10:36:00
2024-0080462 08/19/2024 12:52 08/19/2024 12:52:00
2024-0079989 08/16/2024 12:21 08/16/2024 12:21:00
2024-0080061 08/16/2024 13:37 08/16/2024 13:37:00
2024-0080098 08/16/2024 14:17 08/16/2024 14:17:00
2024-0079575 08/16/2024 08:18 08/16/2024 08:18:00
2024-0079877 08/16/2024 10:50 08/16/2024 10:50:00
2024-0079959 08/16/2024 11:42 08/16/2024 11:42:00
2024-0079330 08/15/2024 11:25 08/15/2024 11:25:00
2024-0079437 08/15/2024 12:39 08/15/2024 12:39:00
2024-0079461 08/15/2024 13:10 08/15/2024 13:10:00
2024-0079041 08/14/2024 15:29 08/14/2024 15:29:00
2024-0079066 08/14/2024 15:54 08/14/2024 15:54:00
2024-0079109 08/15/2024 08:52 08/15/2024 08:52:00
2024-0078167 08/13/2024 11:00 08/13/2024 11:00:00
2024-0078826 08/14/2024 12:58 08/14/2024 12:58:00
2024-0078948 08/14/2024 13:52 08/14/2024 13:52:00
2024-0078012 08/12/2024 16:44 08/12/2024 16:44:00
2024-0078045 08/13/2024 09:00 08/13/2024 09:00:00
2024-0078058 08/13/2024 09:30 08/13/2024 09:30:00
2024-0077331 08/09/2024 15:39 08/09/2024 15:39:00
2024-0077385 08/09/2024 16:08 08/09/2024 16:08:00
2024-0077407 08/09/2024 16:14 08/09/2024 16:14:00
2024-0076911 08/08/2024 15:43 08/08/2024 15:43:00
2024-0077049 08/09/2024 09:50 08/09/2024 09:50:00
2024-0077318 08/09/2024 14:51 08/09/2024 14:51:00
2024-0076662 08/08/2024 11:02 08/08/2024 11:02:00
2024-0076768 08/08/2024 12:33 08/08/2024 12:33:00
2024-0076849 08/08/2024 15:24 08/08/2024 15:24:00
2024-0075388 08/05/2024 16:14 08/05/2024 16:14:00
2024-0076137 08/07/2024 12:00 08/07/2024 12:00:00
2024-0076388 08/07/2024 15:58 08/07/2024 15:58:00
2024-0075260 08/05/2024 14:47 08/05/2024 14:47:00
2024-0075345 08/05/2024 15:58 08/05/2024 15:58:00
2024-0075363 08/05/2024 16:05 08/05/2024 16:05:00
2024-0074204 08/01/2024 13:44 08/01/2024 13:44:00
2024-0074265 08/01/2024 15:16 08/01/2024 15:16:00
2024-0074594 08/02/2024 09:37 08/02/2024 09:37:00
Document No. Recording Date/Time Transaction Date/Time
For Richmond
2024-0074131 08/01/2024 12:48 08/01/2024 12:48:00
KRISTIN B. CONNELLY, CLERK-RECORDER
County of Contra Costa
555 Escobar Street * Martinez, CA 94553
Recorder (925) 335-7900 * Fax (925) 335-7926
Transfer Tax Monthly Detail by City
Report Date & Time
09/04/2024 14:48
City: Rm Richmond
For Month: August 2024
Attachment 4 – Documentary Transfer Tax Report for August 2024
270
$13,750.00
$4,690.00
$3,150.00
$4,725.00
$4,326.00
$3,920.00
$3,850.00
$12,750.00
$5,320.00
$2,527.00
$6,475.00
$3,430.00
$5,887.00
$4,515.00
$4,340.00
$4,550.00
$6,720.00
$13,125.00
$5,495.00
$6,916.00
$4,900.00
$2,884.00
$2,730.00
$4,970.00
$17,500.00
$4,550.00
$3,675.00
$5,110.00
$3,850.00
$4,340.00
$2,625.00
$4,606.00
$3,990.00
$3,752.00
$420,134.50
$420,134.50
Total Count of Cap docs Count: 83
$349,637.50
56 2024-0085574 08/30/2024 13:24 08/30/2024 13:24:00
Total:Total $ of Cap docs
2024-0085424 08/30/2024 11:25 08/30/2024 11:25:00
2024-0085444 08/30/2024 11:38 08/30/2024 11:38:00
2024-0085548 08/30/2024 12:49 08/30/2024 12:49:00
2024-0085228 08/30/2024 08:58 08/30/2024 08:58:00
2024-0085324 08/30/2024 09:35 08/30/2024 09:35:00
2024-0085418 08/30/2024 11:17 08/30/2024 11:17:00
2024-0084424 08/28/2024 16:20 08/28/2024 16:20:00
2024-0085018 08/29/2024 15:08 08/29/2024 15:08:00
2024-0085023 08/29/2024 15:11 08/29/2024 15:11:00
2024-0084244 08/28/2024 13:01 08/28/2024 13:01:00
2024-0084319 08/28/2024 14:22 08/28/2024 14:22:00
2024-0084363 08/28/2024 15:07 08/28/2024 15:07:00
2024-0083831 08/27/2024 16:53 08/27/2024 16:53:00
2024-0084077 08/28/2024 11:10 08/28/2024 11:10:00
2024-0084234 08/28/2024 12:50 08/28/2024 12:50:00
2024-0083615 08/27/2024 12:56 08/27/2024 12:56:00
2024-0083749 08/27/2024 15:25 08/27/2024 15:25:00
2024-0083791 08/27/2024 16:31 08/27/2024 16:31:00
2024-0083472 08/27/2024 09:41 08/27/2024 09:41:00
2024-0083542 08/27/2024 11:30 08/27/2024 11:30:00
2024-0083568 08/27/2024 12:08 08/27/2024 12:08:00
2024-0083229 08/26/2024 14:05 08/26/2024 14:05:30
2024-0083243 08/26/2024 14:22 08/26/2024 14:22:00
2024-0083375 08/26/2024 15:51 08/26/2024 15:51:00
2024-0082734 08/23/2024 14:24 08/23/2024 14:24:00
2024-0082857 08/23/2024 15:51 08/23/2024 15:51:00
2024-0083097 08/26/2024 11:39 08/26/2024 11:39:00
2024-0082613 08/23/2024 13:51 08/23/2024 13:51:00
2024-0082628 08/23/2024 14:03 08/23/2024 14:03:00
2024-0082703 08/23/2024 14:14 08/23/2024 14:14:00
2024-0082446 08/23/2024 11:17 08/23/2024 11:17:00
2024-0082460 08/23/2024 11:27 08/23/2024 11:27:00
2024-0082588 08/23/2024 13:28 08/23/2024 13:28:00
Attachment 4 – Documentary Transfer Tax Report for August 2024
271
October 15, 2024
Finance Department
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager – Internal Services
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Subject:
State Audit November 2024 Update
FINANCIAL IMPACT: No Fiscal Impact
PREVIOUS COUNCIL
ACTION:
December 20, 2022, May 2, 2023, June 27, 2023,
July 11, 2023, October 17, 2023, April 16, 2024,
June 4, 2024
STATEMENT OF THE
ISSUE:
California State Auditor’s 2021-806-Audit Corrective
Action Plan, November 2024 Update
RECOMMENDED ACTION:
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – City
Manager’s Office/Finance Department (Andrea Miller
510-620-6790/Mubeen Qader 510-412-2077).
DISCUSSION:
On April 4, 2022, the City of Richmond was notified by the California State Auditor regarding an audit of the City as approved by the Joint Legislative Audit Committee on June 30, 2021. The State Auditor’s local audit program identifies and supports local government agencies that might be at high risk based upon analysis of the City’s audited financial statements. Richmond’s risk assessment began in February 2021 based upon the City’s June 2020 financial statements.
The audit was initiated in May 2022 and was completed and published on November 10, 2022. During the audit process, the State Auditor held meetings with City AGENDA
REPORT
272
October 15, 2024
staff members to review and discuss many aspects of the City’s financial management procedures and protocol. In compliance with the State Auditor’s request, City staff members provided complete access to the City’s financial data and systems.
State Auditor Recommendations:
At the conclusion of the audit, the State Auditor formalized eleven (11) recommendations that the City has grouped into three broad areas: (1) Budget Strategy, (2) Housing Authority Administration, and (3) Operations, as summarized below:
Budget Strategy
1. Review/Update Fund Balance Reserve Policy
2. Identify Contingent Budget Balancing Options
3. Expand 5-Year Financial Projection Model with Risk Scenarios
4. Review/Update Pension Funding Policy
5. Review/Update OPEB Funding Policy
6. Update Workforce/ Position Analysis
Housing Authority Administration
7. Complete Housing Authority Recovery Agreement Actions
8. Execute Housing Authority/ City Administration Agreement
Operations
9. Review/Update Contract Compliance Documentation Process
10. Review/Update Contract Compliance Checklist
11. Review/Update Fee Schedule Policy
In response to the State Auditor’s Report; and after City Council review on December 20, 2022, the City provided a Corrective Action Plan on December 21, 2022.
California Code of Regulations, Title 2, Section 61140 requires submitting subsequent updates every six months from the issuance of the State Audit report. The City submitted the following updates thus far:
May 2023 (Six Months Update)
June 2023 (Supplemental Update)
November 2023 (Six Months Update)
May 2024 (Six Months Update)
June 2024 (Supplemental Update)
City’s Corrective Action Plan Supplemental November 2024 Update
With regards to the Operations recommendations number 10 listed below:
10. Review/Update Contract Compliance Checklist
273
October 15, 2024
The Finance Department continues offering procurement training(s) to the City staff members, also available via video stream on the City’s website. Below is the list of recently conducted trainings:
Training Date
Conducted
Overview of the City's Purchasing Process Training 21-Jul-22 MUNIS Requisition Entry Training - Entry-Level 4-Aug-22 MUNIS Contract Entry Training - Entry-Level 11-Aug-22
MUNIS Contract Change Order - Entry-Level 15-Sep-22
Contracts and Insurance Basics [Video] / [Download PPT] 5-Dec-22 Contract/PO calendar year closing process [Video] 13-Dec-23 Procurement - Fiscal Year End Closing Process [PDF] / [Video] 26-Mar-24 Procurement Training 28-Aug-2024
The full California State Auditor’s report regarding the City of Richmond is available on the weblink here: https://www.auditor.ca.gov/reports/2021-806/index.html
Next Steps
City staff members will continue to monitor and revise the City’s financial policies and procedures continuously.
DOCUMENTS ATTACHED:
Attachment 1 – State Audit Update November 2024
274
Attachment 1 - Corrective Action Plan
Recommendation
Number Description Responsible for
Implementation
Time
Frame Corrective Action Plan May 2023 Update June 2023 Supplemental Update November 2023 Update May 2024 Update June 2024 Supplemental Upd ate November 2024 Update 1 To help ensure that Richmond maintains appropriate reserves for times of fiscal uncertainty, city staff should, by June 2023, review Richmond's reserve policy to determine whether a higher reserve target is appropriate. As part of the review, staff should consider all the factors the Government Finance Officers' Association (GFOA) recommends for setting a reserve target. Once that review is complete, city staff should present proposals to the city council for modifying the city's policy.
City Manager Office
&
Finance
6/30/2023
Schedule City Council review/consideration of updated General Fund reserve policy in March 2023 for implementation in the Fisacl Year (FY) 2023-2024 Budget, for adoption by June 2023.
Staff presented GFOA best practices to
the City Council on May 2, 2023, with the
first draft budget for FY23-24
Staff presented GFOA best practices to
the City Council on May 2, 2023, with the
first draft budget for FY23-24. Based on
the GFOA best practices, on June 27,
2023, the City Council adopted a revised
Cash Reserve Policy (see Attached,
Cash Reserve Policy)
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update. Annual financial policy review
and update provided to City Council in
May 2024.
Completed per June 2023 Supplemental
Update. Annual financial policy review and
update provided to City Council in May 2024.
Completed per June 2023 Supplemental
Update.
2 To decrease the risk that Richmond will deplete its reserves, city staff should, by June 2023, present to the city council a list of proposed budget actions that would help ensure balanced budgets and eliminate projected deficits.
City Manager Office
&
Finance
6/30/2023
Present contingent, long-term budget balancing options with the FY 2023-2024 proposed budget, by June 2023.
Staff presented a balanced first draft of
the FY23-24 budget on May 2, 2023, to
adopt a balanced budget by June 30,
2023
The City Council adopted a balanced
budget for Fiscal Year 2023-2024 on
June 20, 2023 (see Attached Fiscal Year
2023-2024 Budget Staff Report)
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update. Proposed FY2024-25 budget
projections provided to City Council in
May 2024.
Completed per June 2023 Supplemental
Update. Proposed FY2024-25 budget
projections provided to City Council in May
2024.
Completed per June 2023 Supplemental
Update. City Council adopted FY2024-25
budget on June 24, 2024.
3 Richmond should include multiple scenarios in its financial projections, including scenarios with potential additional risks, such as economic downturns or recessions, and how the city would continue to fund its operations under those circumstances.
City Manager Office
&
Finance
On Going
Present expanded 5-year financial projection with the FY 2023-2024 Proposed Budget, by June 2023.
Staff will present a draft five-year
forecast (with scenarios) to the City
Council in June 2023, for review and
discussion.
The City staff presented a multiple
scenarios forecast to the City Council on
June 6, 2023. (see Attached staff report
that the City Council received the Five
Year Forecast)
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update. Proposed FY2024-25 budget
projections provided to City Council in
May 2024.
Completed per June 2023 Supplemental
Update. Proposed FY2024-25 budget
projections provided to City Council in May
2024.
Completed per June 2023 and June 2024
Supplemental Updates.
4 To ensure that Richmond is able to fund its retirement-related costs, city staff should, by June 2023, propose to the city council a specific policy regarding funding of its pension trust fund for this purpose. Staff should report to the city council on estimated long-term savings from increasing its direct payments to Cal PERS compared to investing the same amounts in its pension trust fund. Staff members should use this information to inform their recommendations related to funding targets for the pension trust fund and should consider recommending that the council increase the city's payments directly to CalPERS.
City Manager Office
&
Finance
6/30/2023
Schedule City Council review/consideration of updated Pension funding policy in March 2023 for implementation in the FY 2023-2024 Budget, for adoption by June 2023.
The City has contracted with GovInvest
to keep an on-going monitoring of the
retirement related costs and impact of
funding initiatives. First presentation to
the City Council is expected on May 16,
2023
GovInvest presented a Pension Funding
PowerPoint presentation at the May 16,
2023, City Council meeting and NHA
Advisors presented a PowerPoint
presentation on CalPERS Unfunded
Accrued Liability Cost Management
Strategies at the June 6, 2023, City
Council meeting. Based on these
presentations the City Council adopted a
new Pension Funding Policy (see
Attached Pension Funding Policy)
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update. Annual financial policy review
and update provided to City Council in
May 2024.
Completed per June 2023 Supplemental
Update. Annual financial policy review and
update provided to City Council in May 2024.
Completed per June 2023 Supplemental
Update.
5 To improve the city's ability to pay other post-employment benefits, Richmond should, by June 2023 and annually thereafter, implement a policy identifying funds, such as surpluses or one-time revenues that should be contributed to the OPEB trust fund. Staff should conduct an annual analysis to determine whether any funds available to the city are applicable under the city's policy and should present a proposal to the city council to apply those funds to the trust fund.
City Manager Office
&
Finance
6/30/2023
Schedule City Council review/consideration of updated OPEB funding policy in March 2023 for implementation in the FY 2023-2024 Budget, for adoption by June 2023.
City staff will be presenting options to the
City Council regarding OPEB-Prefunding
on June 2023.
On June 27, 2023, City Council adopted
a revised OPEB Funding policy (see
Attached OPEB funding Policy)
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update. Annual financial policy review
and update provided to City Council in
May 2024.
Completed per June 2023 Supplemental
Update. Annual financial policy review and
update provided to City Council in May 2024.
Completed per June 2023 Supplemental
Update.
6 To mitigate the costs of increasing salaries, the city should perform a workforce analysis by June 2024. Based on the results of the analysis, the city council should consider eliminating vacant positions that it deems no longer necessary. Additionally, the city should assess its need for each vacant position before it seeks to fill the positions and eliminate any positions that it does not need.
City Manager Office
&
Human Resources
6/30/2024
The City is issuing a Request for Proposal for a professional firm to conduct a formal workforce analysis. While the City evaluates the professional firms that replied to the Request for Proposal, the City will do an annual analysis of funded positions proposed by departments during the annual budget process, starting with the FY 2023-24 budget, by June 2023.
Due to time constraints of City Council
meeting on May 2, 2023, the results of
the workforce analysis RFP is tentatively
scheduled to go to the City Council on
May 16, 2023.
Staff originally brought the results of the
RFP to perform a workforce analysis to
the City Council on May 2, 2023. Due to
the large volume of agenda items, the
RFP was awarded to Raftelis to perform
the Workforce Analysis and the contract
was approved by the City Council on May
23, 2023.
Raftelis has started the workforce
analysis, in the first phase of the
analysis, several department and division
heads were interviewed to assess the
current state of workload and staffing
levels. The study will be concluded
before June 30, 2024.
Raftalis provided an update which was
provided to Council on consent on
February 20, 2024 (see attached staff
reort and Powerpoint).
Raftelis completed the Workforce Analysis.
An initial update was provided to City Council
on February 20, 2024, the final report was
presented to City Council on June 25, 2024,
(see Attachment 2, June 25, 2024 agenda
item R.1)
Completed per June 2024 update.
7 To ensure compliance with federal requirements, Richmond should dedicate the resources necessary to provide records needed for an independent auditor to complete all outstanding single audits of the housing authority within the next fiscal year. To comply with existing legal obligations, Richmond should make available sufficient resources to enable the Housing authority to resolve all past due requirements of the recovery agreement and to meet the remaining deadlines in a timely manner by January 2024.
City Manager Office
&
Richmond Housing
Authority
1/1/2024
Identify and assign resources to complete Housing Authority Single Audit backlog by June 30, 2023. Identify and assign resources to complete Housing Authority Recovery Agreement actions by January 2024.
The City has made the following
resources available to RHA: Senior
Accountant, Outside Consultant,
Accountant I, Interim Director Housing
Authority.
Please see recommendation number 8
supplemental update
Completed per June 2023 Supplemental
Update.
Resources have been provided per May
2023 Update. Audit completion is in
progress.
Resources have been provided per May 2023
Update. Audit completion is in progress.
Resources have been provided per May 2023
Update. Audit completion is in progress.
8 To define Richmond's responsibility related to the housing authority, Richmond should immediately enter into a written agreement with the housing authority defining each entity's financial responsibilities and draft plans to resolve past tax liabilities and prevent unnecessary new liabilities.
City Manager Office
&
Richmond Housing
Authority
2/28/2023
Draft and Schedule City Council consideration of Housing Authority Administration Agreement by February 2023.
The City and RHA are in process of
preparing a draft written agreement
regarding tax liabilities and prevention of
unnecessary new liabilities.
On June 27, 2023, City Council approved
a written agreement between the City
and the Richmond Housing Authority
(see Attached, Richmond Housing
Authority & City Administrative Services
Agreement)
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update.
9 To ensure that Richmond is receiving the best value when entering into contracts, city staff should immediately begin documenting that they are following the contracting requirements in the city's municipal code and contracting policies for all contracts. City Manager Office &
Finance
6/30/2023
Draft and implement Contract Compliance Documentation processes by June 2023.
City staff conducted an assessment of
training materials to ensure compliance
with contracting requirements in the
City's Municipal Code and contracting
policies. Staff prepared training
programs to help employees develop the
knowledge and skills to ensure
compliance. [See Attached pdf Contract
Cl i T i i ]
See May 2023 update Completed per May 2023 Update. Completed per May 2023 Update.
Annual Policy review and updates go to
Council May 2024.
Completed per May 2023 Update. Additional
updates to contract checklist have been made
and are attached (see Attachment 3, June 4,
2024 agenda item O.4.c).
Completed per May 2023, and June 2024
updates.
10 To reduce potential errors and omissions by city staff members when contracting for goods and services, by January 2023 Richmond should require its finance department to create a comprehensive checklist of required documentation for contract files that other departments must follow when conducting procurements.
City Manager Office
&
Finance
6/30/2023
Draft and implement Contract Compliance Checklist by June 2023. City staff compiled comprehensive checklists that are being utilized in
reviewing and approving all contracts to
ensure that proper procurement
procedures and adherence to applicable
City policies is being followed. [See
Attached pdf Contract Compliance
See May 2023 update Completed per May 2023 Update. Completed per May 2023 Update.
Additional updates to checklist have
been made and will be included with
annual policy review and updates to
Council May 2024.
Completed per May 2023 Update. Additional
updates to contract checklist have been made
and are attached. (see Attachment 3, June
4, 2024 agenda item O.4.c).
Completed per May 2023 and June 2024
Updates.
11 To ensure that city fees appropriately cover the cost of providing services, by June 2023, Richmond should determine a cost-effective frequency for updating its fee schedule to reflect all allowable costs, including adjusting fees for inflation as appropriate. Richmond should then revise its municipal code as necessary.
City Manager Office
&
Finance
6/30/2023
Review and update the Fee Schedule policy for City Council consideration and update of Municipal Code as needed by June 2023.
On May 2, 2023 the City Council adopted
an ordinance (first reading) to update the
Master Fee Schedule annually (rather
than quarterly).
On June 6, 2023, the City Council
adopted an ordinance revising the
Master Fee Schedule to annually (rather
than quarterly). (see Attached revised
ordinance)
Completed per June 2023 Supplemental
Update.
Completed per June 2023 Supplemental
Update. Public Hearing for Master Fee
Schedule Updates in May 2024.
Completed per June 2023 Supplemental
Update. For FY 2024-25 Master Fee
Schedule the first Public Hearing was held on
May 28, 2024 and the second reading
adopting the ordinance for the Master Fee
Schedule was held on June 4, 2024.
Completed per June 2023 and June 24
Supplemental Updates.
1275
October 15, 2024
Human Resources
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources
Subject:
Amend the position control list and allocate the
necessary funding as required
FINANCIAL IMPACT: It is anticipated that positions will be filled by the end of the calendar year with an estimated remaining fiscal
impact for six months of approximately $1,423,488.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council’s authorization is required to amend
staffing (position control list) and allocate funding as required.
RECOMMENDED ACTION:
ADOPT a resolution to amend staffing and position
control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department
(Nickie Mastay/Sharrone Taylor 510-620-6602). This
item was continued from the October 1, 2024,
meeting.
DISCUSSION:
The City of Richmond is committed to being an employer of choice. City staff are integral to the functioning of local government, impacting service delivery, community relations, and organizational effectiveness. Investing in their hiring and development is essential for a well-functioning and responsive local government. Per Council directive priority will be given to critical vacancies particularly in the Community Crisis Response Program division of the Office of Neighborhood Safety. In the effort to continue providing improved services to the community, City staff is proposing to add 33 AGENDA
REPORT
276
October 15, 2024
positions and swap out and delete 10 positions, which will provide 23 total net new positions in Community Development, Community Services, Economic Development/Port, Fire, Police, Public Works, and Rent Program.
Human Resources staff members will prioritize filling positions that align with the City Council’s adopted Goals and Priorities, such as the Department of Children and Youth.
COMMUNITY DEVELOPMENT – CODE ENFORCEMENT
The Director of Community Development Department requests the reallocation of a vacant Administrative Assistant position to an Office Specialist in the Code Enforcement division. This strategic reallocation aims to bolster the support system for the Code Enforcement Officers. By channeling administrative resources directly into the Code Enforcement division, efficiency and effectiveness in handling code enforcement matters will be enhanced. The Office Specialist will take on responsibilities that include managing paperwork, scheduling, and providing general support, which includes creating the violation notices/letters, researching, and responding to Public Records Act requests, thereby allowing the Code Enforcement Officers to focus on fieldwork and enforcement activities. This will streamline operations within the division, improve response times to code violations, and ultimately contribute to maintaining higher compliance standards within the community.
Code Enforcement’s goal is to improve the quality of life in our neighborhoods by raising community standards. To accomplish this goal additional Code Enforcement positions are required. Currently, there are 31 neighborhood councils in the City of Richmond and seven Code Enforcement Officer positions to service them. Additional Code Enforcement positions are needed to address common violations found throughout the City of Richmond. Common issues include conditions such as vacant abandoned structures, vacant lots, health and safety violations, abandoned inoperative vehicles, also known as private property vehicle abatement, and zoning violations. Many of the property owners and occupants are repeat offenders and for that reason, these properties require further enforcement actions such as administrative citations. These enforcement actions then also generate additional administrative duties by the Code Enforcement Officer through citation appeals, administrative (appeals) hearing, liens process, emails, meetings, and phone calls. The requested Office Specialist will provide additional administrative support to the Code Enforcement Officers and process complaints received by phone, email, and e-TRAKiT.
In late 2021, Code Enforcement absorbed additional responsibilities of regulatory programs and enforcement requirements that were formerly handled by the Police Department. Police regulatory programs included Commercial Cannabis, Alcohol and Tobacco, and Taxis. These programs require application review, inspections, permit issuance, and enforcement. Residential Cannabis and multi-housing smoking enforcement were also conveyed with the regulatory reassignment. Code Enforcement Officers also assume roles and responsibilities on task force inspections with local and state representatives. To be effective in our efforts to eliminate or reduce blight and 277
October 15, 2024
provide required services for regulatory responsibilities, additional Code Enforcement positions are necessary. The department is requesting two additional Code Enforcement Officer I/II positions.
The Director of Community Development is also requesting an additional Planning Technician I/II for the Planning Division. The Planning Technician will significantly alleviate the workload of the Planning Division by handling day-to-day operational tasks such as managing phone calls, counter inquiries, and emails. This support will not only streamline business license reviews and permit processing but also enable planners to focus on more complex projects and long-term planning goals, ultimately improving overall department efficiency and customer service.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Office Specialist (1) $56,646
Add Code Enforcement Officer I/II (2) $135,381
Add Planning Technician I/II (1) $56,649
Delete Administrative Assistant (1) ($67,694)
Total $180,982
ECONOMIC DEVELOPMENT – PORT
Given the increasing workload and operational demands at the Port, it has become imperative to expand the staffing team by incorporating a Management Analyst specifically tailored to manage and oversee critical and high-level Port initiatives. The core duties of this role will include grant writing, which involves identifying potential grant opportunities, preparing and submitting grant proposals, and ensuring compliance with grant requirements. This is a crucial task as it directly impacts the ability to secure funding for projects and operations. Additionally, the Management Analyst will be responsible for contract administration, a task that encompasses negotiating, drafting, and reviewing contracts, as well as ensuring that the terms of all contracts are adhered to. This role will also provide support to the Senior Business Assistance Officer, Port Director, Finance Manager, and Capital Improvement Manager as needed, as well as support on special projects. This role will support ongoing and future projects, ensuring that the Port meets City Council objectives.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Management Analyst (1) $107,782
278
October 15, 2024
FIRE DEPARTMENT
To keep the momentum in the Fire Prevention Division established by the hire of three fire inspectors earlier this year, the department wishes to convert the temporary Fire Inspector I position to a permanent position (no net change to position control, total of five FTEs) to promote wildfire prevention in areas of the City that are vulnerable to fire danger and coordinate with the Department of Public Works.
In addition, the Fire Department needs high-level administrative support to oversee contracting, issue notifications, and support the Fire Suppression and Emergency Services divisions. The department currently has a vacant Emergency Services Analyst position and an Associate Administrative Analyst position that they desire to reallocate to a Senior Administrative Analyst. The major duties of a Senior Administrative Analyst are developing and monitoring the department budget, preparing grant applications, participating and assisting with City and community initiatives, meetings, and events, drafting staff reports, memorandums, and resolutions, and resolving difficult organizational/operational problems, assisting with implementing solutions to problems, formulating administrative procedures and programs in a department or division, coordinating with other departments and agencies, and performing related work as required. In addition, this position may supervise employees, be responsible for a major functional area, or provide independent staff work for a department or division.
Furthermore, in coordination with Human Resources, the Fire Department has collaboratively developed and implemented new health and wellness programming that has greatly improved morale and outcomes for our employees as they respond to approximately 14,000 calls annually. As such, Human Resources desires to retain a Project Manager to continue supporting Fire personnel and provide similar services to non-public safety departments. For example, staff members in areas such as Community Services and Public Works require customized support to better manage the challenges team members face while aiming to provide excellent customer service to our residents.
Estimated Fiscal Impact
Classification Salary and Benefits
Convert Fire Inspector I - Full Time (1) $133,822*
Add Senior Administrative Analyst (1) $97,988
Add Project Manager (HR/Fire) $101,632
Delete Emergency Services Analyst (1) ($74,121)
Delete Associate Administrative Analyst (1) ($81,256)
Total $44,244
*(cost of Fire Inspector I currently budgeted)
279
October 15, 2024
OFFICE OF THE MAYOR
The Mayor desires to reallocate a vacant Associate Management Analyst to an Administrative Assistant. The proposed change is intended to bolster the support structure for the administrative team, ensuring they have the additional resources needed to effectively manage their responsibilities and enhance overall productivity.
The decision underscores the Mayor's commitment to optimizing the staff to better meet the needs of the community and improve the efficiency of administrative operations.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Administrative Assistant (1) $67,694
Delete Associate Management Analyst (1) ($108,022)
Total ($40,327)
POLICE DEPARTMENT
To implement City Council-approved, city-wide parking enforcement with street sweeping, additional parking enforcement staff are needed in response to the increasing challenges posed by illegally parked vehicles, which significantly contribute to the City's blight issues. The Police Department is requesting two (2) additional Parking Enforcement Representatives. These new positions will play a pivotal role in fortifying the city's efforts to increase its coverage, efficiency, and effectiveness in identifying, addressing, and preventing illegal parking. This effort will contribute to a more organized, aesthetically pleasing, and functional public space, ultimately supporting the broader objectives of improving the built environment and livability enhancement during various times.
To enhance the operational capacity and efficiency of the Police Department's ability to process crime scenes, it is proposed to augment the current team with the addition of three (3) Crime Scene Technicians. These technicians will be instrumental in processing crime scenes, collecting evidence, and supporting the investigative process with their expertise in forensic analysis. Their roles are critical in ensuring that evidence is collected in a manner that upholds its integrity and admissibility in court, thereby strengthening the prosecutorial process.
Furthermore, the department requests the addition of one (1) Administrative Assistant to support the increased workload and ensure the smooth functioning of administrative duties. This position will be responsible for handling paperwork, managing schedules, and providing essential support services to the department's investigative and administrative functions.
280
October 15, 2024
Estimated Fiscal Impact
Classification Salary and Benefits
Add Parking Enforcement Representative (2) $103,831
Add Administrative Assistant (1) $67,694
Add Crime Scene Technician (3) $185,666
Total $357,191
PUBLIC WORKS – FACILITIES MAINTENANCE
Due to high service levels and the request to keep our community spaces available and open for extended hours, the Deputy City Manager, Community Services has identified a need for dedicated facilities maintenance staff to keep facilities operated by the Community Services Department clean and sanitized (i.e. libraries, recreation facilities, employment and training buildings, etc.). Two (2) Facilities Maintenance Workers are requested to fulfill this need instead of a Senior Building Trades Worker. The Facilities Maintenance Workers will ensure that all physical spaces are welcoming, accessible, and maintained to the highest standards during early mornings, evenings, and weekends since operational programming has increased to expand services in our community. In addition, the Public Works Department is requesting a Stationary Engineer to provided additional maintenance City-wide. By adding these positions and implementing these organizational changes, our patrons’ experience will be significantly enhanced, thereby strengthening community engagement and satisfaction with various programs.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Facilities Maintenance Workers (2) $95,256
Add Stationary Engineer (1) $74,121
Delete Senior Building Trades Worker (1) ($74,121)
Total $95,256
PUBLIC WORKS – ABATEMENT/PARKS
The City currently faces escalated levels of blight and overgrowth, which pose significant safety and fire hazards, while detracting from its visual appeal. In addition, there is a need to have dedicated staff to properly maintain and nurture the over 20,000 trees in the City. In response to this need, the City Council directed the City staff to create a Tree Crew.
281
October 15, 2024
The City Manager intends to initiate a new program addressing blight city-wide, focusing on rights-of-way and medians and proper care of the City’s trees. Creating dedicated staff members for this effort will enable other park staff members to focus on park spaces throughout the City and improve Park maintenance.
The proposal entails the establishment of two additional crews dedicated explicitly to General Funds areas throughout the City of Richmond that require attention. The creation of these new crews will be comprised of one (1) Groundskeeper, and two (2) Gardeners. The Parks Division is in the process of filling four (4) vacant Maintenance Worker I/II’s positions, which can support both abatement and park crews. In addition, Abatement Maintenance Workers working collaboratively with Parks staff will assist to improve coordinated outcomes.
The City is also seeking to create a new Tree Crew. The primary focus of this crew is to assist with plantings (trees, shrubs, and smaller annuals & perennials), catching up on pruning backlogs, preventative and structural pruning, and other park-related projects.
As the City continues to fill vacant positions, Parks will add one (1) Tree Leadworker, one (1) Groundskeeper, (1) Maintenance Worker I/II, and two (2) new Tree Trimmers (TBD) to support the tree crew.
Human Resources plans to create a new classification of Tree Trimmer, currently delineated as two (2) TBDs in the resolution and will add arborist duties and skills language to Supervisor and Management positions to ensure the tree team is led by knowledgeable and experienced personnel.
The fiscal impact of adding (1) Tree Leadworker, one (1) Maintenance Worker I/II, two (2) Groundskeepers, two (2) Gardeners, and two (2) TBD (Tree Trimmers) is delineated below. Actual salary and benefits will be determined once the vacancies are filled.
Estimated Fiscal Impact
Classification
Salary and Benefits
Add Tree Leadworker (1) $67,694
Add Maintenance Worker I/II (1) $47,628
Add Groundskeepers (2) $95,256
Add Gardeners (2) $117,288
Add Tree Trimmers (TBD) (2) $117,288
Total $445,154
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October 15, 2024
PUBLIC WORKS - ADMINISTRATION
Due to recent retirements and structural adjustments within the Public Works Department, there has been a notable shift in personnel and departmental needs. The Department Head seeks to add a Senior Administrative Analyst. This role is envisioned to lead the administrative pool and ensure it operates smoothly, providing the necessary support to all Public Works divisions and coordinate closely with the Finance Manager.
The Senior Administrative Analyst will be pivotal in managing administrative tasks, coordinating between divisions, and streamlining processes to facilitate the department's overall functionality. To meet the needs of the community, and significantly improve the built environment, there must be an increased production of Request for Proposals (RFPs), staff reports, contracts, purchase orders, and development of standard operating procedures.
In response to the urgent need to enhance the built environment and ensure the comprehensive upkeep of our public spaces, the City is requesting the position of Project Manager, designed to serve as a dynamic support system within the Public Works department. This role will not only advance timelines but is also strategically placed to offer leadership and continuity when key personnel, including Superintendents or supervisors, when unavailable due to leaves. This position will be instrumental in streamlining. This addition underscores the commitment to improving our City's built environment and demonstrates a proactive approach to addressing staffing contingencies and project management challenges.
PUBLIC WORKS- TRANSPORTATION
At the adoption of the FY 24-25 budget, the City Council approved two positions that were to be determined to address the transportation and traffic calming concerns. The City would like to allocate one of these positions to the Associate Planner classification.
There is no fiscal impact due to the placeholder being allocated in the current budget.
The other position will be brought to the Personnel Board for consideration.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Senior Administrative Analyst (1) $97,988
Add Project Manager (1) $127,040
Delete Senior Accountant (1) ($97,988)
Delete Construction Inspector I (1) ($74,121)
Total CHECK $52,919
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October 15, 2024
RECREATION
The Community Services Department - Recreation Division has identified a need for additional staffing consisting of two (2) Office Specialists, one (1) Aquatic Specialist, and the reallocation of a vacant Recreation Coordinator to Recreation Supervisor. The additional staffing and reallocation is to ensure staff can support registration needs for program and facility use, ensure programs continue to meet the high standards our community deserves, enhance program offerings, and ensure that our services remain aligned with community needs and expectations. These strategic enhancements will empower Recreation to provide even more quality, responsive, and impactful services to those we serve.
The additional Office Specialists will support the daily work in the Registration Office, and will be responsible for timely processing rental requests, Special Event Permits, registering patrons in classes, updating the City website, creating and delivering activity guides, flyers, and other marketing materials, tabling at community events, and providing support for other administrative tasks. The request to reallocate the Recreation Coordinator to a Recreation Supervisor is to allow for the oversight required for two (2) highly used aquatic centers. Recreation management believes this level is needed based on the specific needs required to manage aquatic centers, provide for increased programming, and oversight of many lifeguards. The Aquatic Specialist position will provide support to the Recreation Program Supervisor to plan, organize, and implement aquatic programs, prepare staff schedules, work with community aquatic needs, assist with recruitment of lifeguards, perform lifeguard duties, etc.
Estimated Fiscal Impact
Classification Salary and Benefits
Add Office Specialists (2) $113,292
Add Recreation Supervisor (1) $81,256
Delete Recreation Coordinator (1) ($61,889)
Add Aquatic Specialist (1) $47,628
Total $180,287
RENT PROGRAM
The Rent Board approved the reallocation of an Office Assistant to an Administrative Trainee for the Rent Program on June 28, 2024, which results in a net savings of ~$1,200 and will not increase their number of positions. The approved reallocation was not included in the position control document approved with the City budget. Therefore, this position must be added to position control by City Council action, which will 284
October 15, 2024
document for the administrative record and permit the Finance Department to effectuate the modification to position control.
Currently the Rent Program Department is funded for fourteen (14) Full-Time Equivalent positions and receives a subsidy of $290,391 for current fiscal year FY24-25.
The Human Resources Department proposes revisions to the Rent Program’s position control to reallocate the vacant Office Assistant position to an Administrative Trainee position, as this reallocation was approved by the Rent Board and covered by the current budget with a cost savings.
FISCAL IMPACT:
It is anticipated that positions will be filled by the end of the calendar year with an estimated remaining fiscal impact of approximately $1,423,488. Of the 23 net new proposed positions, two (2) are non-general fund, and the remaining positions are funded by the general fund. It is anticipated that positions will be filled by the end of the calendar year with an estimated remaining fiscal impact of approximately $1,423,488.
Certain positions are extremely difficult to fill, and as such, the recruitment period may be extended. To support the City Council’s policy direction, the positions for the Community Crisis Response Program, now known as ROCK, will remain fully budgeted.
SUMMARY:
City staff recommends approval of the resolutions amending the position control list and allocating funds, which will modify the position control list in the following manner:
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Amending Position Control
Attachment 2 – Resolution Amending Budget
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October 15, 2024
Position Control
Classification Department Unit
Convert to
Permanent 1 – Fire Inspector I/II Fire Firefighter’s Association Local 188
Add 1 – Senior Administrative
Analyst Fire IFPTE Local 21 – Mid
Management
Add 1 – Project Manager HR/Fire IFPTE Local 21 –
Executive
Add 2 – Parking Enforcement
Representatives Police SEIU Local 1021 –
General Employees
Add 3 – Crime Scene Technicians Police SEIU Local 1021 – General Employees
Add 1 – Administrative Assistant Police SEIU Local 1021 – General Employees
Add 1 – Management Analyst Port IFPTE Local 21 – Mid-
Management
Add 1 – Senior Administrative
Analyst Public Works IFPTE Local 21 – Mid
Management
Add 1 – Project Manager Public Works IFPTE Local 21 –
Executive
Add 1 – Tree Leadworker Public Works SEIU Local 1021 –
General Employees
Add 1 – Assistant/Associate
Planner Public Works SEIU Local 1021 –
General Employees
Add 1 – Maintenance Worker I/II Public Works SEIU Local 1021 – General Employees
Add 2 – Groundskeepers Public Works SEIU Local 1021 –
General Employees
Add 2 – Gardeners Public Works SEIU Local 1021 –
General Employees
Add 2 (TBD) – Tree Trimmers Public Works SEIU Local 1021 – General Employees
Add 2 – Facilities Maintenance
Workers Public Works SEIU Local 1021 –
General Employees
Add 1 – Stationary Engineer Public Works SEIU Local 1021 – General Employees
Add 2 – Office Specialists Community Services
- Recreation
SEIU Local 1021 –
General Employees
Add 1 – Aquatic Specialist Community Services
- Recreation
SEIU Local 1021 –
General Employees
Add 1 – Recreation Supervisor Community Services
- Recreation
IFPTE Local 21 – Mid-
Management
Add 1 – Administrative Trainee Rent Control SEIU Local 2021 – General Employees
Add 1– Office Specialist Community
Development
SEIU Local 1021-
General Employees
Add 2 – Code Enforcement
Officer I/II
Community
Development
SEIU Local 1021-
General Employees
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October 15, 2024
Add 1 – Planning Technician I/II Community
Development
SEIU Local 1021-
General Employees
Add 1 – Administrative Assistant Mayor SEIU Local 1021- General Employees
Delete 1 – Emergency Services
Analyst Fire IFPTE Local 21 – Mid
Management
Delete 1 – Associate Administrative
Analyst Fire IFPTE Local 21 – Mid
Management
Delete 1 – Senior Building Trades
Worker Public Works SEIU Local 1021 –
General Employees
Delete 1 – Senior Accountant Public Works IFPTE Local 21 – Mid- Management
Delete 1 – Construction Inspector I Public Works SEIU Local 1021 – General Employees
Delete 1 – Recreation Coordinator Community Services
- Recreation
SEIU Local 1021 –
General Employees
Delete 1 – Administrative Assistant Community
Development
SEIU Local 1021 –
General Employees
Delete 1 – Office Assistant Rent Control SEIU Local 1021 – General Employees
Delete 1 – TBD Public Works SEIU Local 1021-
General Employees
Delete 1 – Associate Management
Analyst Mayor IFPTE Local 21 – Mid-
Management
Net New Positions SEIU Local 1021 IFPTE Local 21
23 17 6
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RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and
WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective October 15, 2024, the City’s position control is hereby revised to add the following positions:
Classification Department Unit
1 Senior Administrative Analyst Fire IFPTE Local 21 – Mid Management 1 Project Manager I/II Public Works IFPTE Local 21 – Executive Management 1 Project Manager I/II HR/Fire IFPTE Local 21 – Executive Management 1 Tree Leadworker Public Works SEIU Local 1021 – General Employees 1 Fire Inspector I/II (exists Convert
to Permanent) Fire Firefighter’s Association Local 188
2 Groundskeepers Public Works SEIU Local 1021 – General Employees 1 Maintenance Worker I/II Public Works SEIU Local 1021 – General Employees 2 Gardeners Public Works SEIU Local 1021 – General Employees 2 Parking Enforcement
Representatives
Police SEIU Local 1021 – General Employees
2 Tree Trimmers (TBD) Public Works SEIU Local 1021 – General Employees 2 Facilities Mtce. Workers Public Works SEIU Local 1021 – General Employees 1 Stationary Engineer Public Works SEIU Local 1021 – General Employees 1 Senior Administrative Analyst Public Works IFPTE Local 21 – Mid- Management 2 Office Specialists Community Services -
Recreation
SEIU Local 1021 – General Employees
1 Aquatic Specialist Community Services -
Recreation
SEIU Local 1021 – General Employees
1 Recreation Supervisor Community Services -
Recreation
IFPTE Local 21 – Mid Management
288
1 Management Analyst Economic Development –
Port
IFPTE Local 21 – Mid Management
1 Administrative Trainee Rent Control Department SEIU Local 1021 – General Employees 3 Crime Scene Technicians Police Department SEIU Local 1021 – General Employees 1 Administrative Assistant Police Department SEIU Local 1021 – General Employees 1 Office Specialist Community Development SEIU Local 1021 – General Employees 1 Assistant/Associate Planner Public Works SEIU Local 1021 – General Employees 2 Code Enforcement Officers Community Development SEIU Local 1021 – General Employees 1 Planning Technician I/II Community Development SEIU Local 1021 – General Employees 1 Administrative Assistant Mayor SEIU Local 1021 – General Employees
BE IT FURTHER RESOLVED, that, effective October 15, 2024, the City’s budget is hereby revised to delete the following positions:
Classification Department Unit
1 Emergency Services Analyst Fire IFPTE Local 21 – Mid Management 1 Associate Administrative Analyst Fire IFPTE Local 21 – Mid Management 1 Recreation Coordinator Community Services-
Recreation SEIU Local 1021 – General Employees
1 Senior Building Trades Worker Public Works SEIU Local 1021 – General Employees 1 Construction Inspector I Public Works SEIU Local 1021 – General Employees 1 Senior Accountant Public Works IFPTE Local 21 – Mid Management 1 Office Assistant Rent Control SEIU Local 1021 – General employees 1 Administrative Assistant Community Development SEIU Local 1021 – General Employees 1 TBD Public Works SEIU Local 1021- General Employees
1 Associate Management Analyst Mayor IFPTE Local 21 – Mid Management
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
289
____________________
Mayor
Approved as to form:
____________________
City Attorney
290
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S BUDGET
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and
WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to amend the budget to allocate the necessary funds for salaries, wages, and benefits as required; and
BE IT FURTHER RESOLVED, that, effective October 15, 2024, the City’s budget is hereby revised by appropriating the net impact of funding in an amount estimated at $1,423,488 to the respective departments for the following positions:
1 Senior Administrative Analyst Fire IFPTE Local 21 – Mid Management 1 Project Manager I/II Public Works IFPTE Local 21 – Executive Management 1 Project Manager I/II (.8) Fire/HR IFTPE Local 21 – Executive Management 1 Tree Leadworker Public Works SEIU Local 1021 – General Employees 1 Fire Inspector I/II (Exist Convert to
Permanent) Fire Firefighter’s Association Local 188
2 Groundskeepers Public Works SEIU Local 1021 – General Employees 1 Maintenance Worker I/II Public Works SEIU Local 1021 – General Employees 2 Gardeners Public Works SEIU Local 1021 – General Employees 2 Parking Enforcement
Representative
Police SEIU Local 1021 – General Employees
2 Tree Trimmers (TBD) Public Works SEIU Local 1021 – General Employees 2 Facilities Mtce. Workers Public Works SEIU Local 1021 – General Employees 1 Stationary Engineer Public Works SEIU Local 1021 – General Employees 1 Senior Administrative Analyst Public Works IFPTE Local 21 – Mid- Management 2 Office Specialists Community Services -
Recreation
SEIU Local 1021 – General Employees
1 Aquatic Specialist Community Services -
Recreation
SEIU Local 1021 – General Employees
291
1 Recreation Supervisor Community Services -
Recreation
IFPTE Local 21 – Mid Management
1 Management Analyst Economic Development –
Port
IFPTE Local 21 – Mid Management
1 Administrative Trainee Rent Control Department SEIU Local 1021 – General Employees 3 Crime Scene Technicians Police Department SEIU Local 1021 – General Employees 1 Administrative Assistant Police Department SEIU Local 1021 – General Employees 1 Office Specialist Community Development SEIU Local 1021 – General Employees 1 Assistant/Associate Planner Public Works SEIU Local 1021 – General Employees 2 Code Enforcement Officers Community Development SEIU Local 1021 – General Employees 1 Planning Technician I/II Community Development SEIU Local 1021 – General Employees 1 Administrative Assistant Mayor SEIU Local 1021 – General Employees
BE IT FURTHER RESOLVED, that, effective October 15, 2024, the City’s budget is hereby revised by reducing for the following positions:
Classification Department Unit
1 Emergency Services Analyst Fire IFPTE Local 21 – Mid
Management
1 Associate Administrative Analyst Fire IFPTE Local 21 – Mid Management
1 Recreation Coordinator Community Services-
Recreation
SEIU Local 1021 – General
Employees
1 Senior Building Trades Worker Public Works SEIU Local 1021 – General Employees
1 Construction Inspector I Public Works SEIU Local 1021 – General Employees
1 Senior Accountant Public Works IFPTE Local 21 – Mid
Management
1 Office Assistant Rent Control SEIU Local 1021 – General employees
1 Administrative Assistant Community Development SEIU Local 1021 – General Employees
1 TBD Public Works SEIU Local 2021 – General
Employees
1 Associate Management Analyst Mayor IFPTE Local 21 – Mid Management
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
292
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
293
October 15, 2024
Library and Community Services
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager – Community
Services
Tamara Walker, Deputy Director of Community Services
- Employment & Training Division
Subject:
Amend Richmond Workforce Development Board Bylaws
FINANCIAL IMPACT: A resolution to adopt the amended bylaws will provide eligibility for future grant funding opportunities and ensure Employment and Training and the Richmond Workforce
Development Board (WDB) align with the Workforce
Development Boards Local Plan agreement, approved by
the State of California Workforce Association.
PREVIOUS COUNCIL
ACTION:
November 3, 2015
STATEMENT OF THE
ISSUE:
The Bylaws for the Workforce Development Board
(WDB) must be updated to reflect the changes made by
the WDB Ad Hoc Committee.
RECOMMENDED ACTION:
ADOPT a resolution amending the Richmond Workforce
Development Board’s bylaws – Community Services
(Tamara Walker 510-307-8006/LaShonda White 510-
620-6828).
AGENDA
REPORT
294
October 15, 2024
DISCUSSION:
The Workforce Investment Act (previously known as the Workforce Innovations & Opportunity Act or WIOA) authorizes the expenditure of federal funds for workforce development programs in designated Local Areas. The State of California has designated the City of Richmond as a Local Area. The Richmond Workforce Development Board (Board) was established to provide policy guidance and oversight of the workforce development system for the City of Richmond.
The Board’s membership consists of nineteen (19) members. On November 3, 2015, the City Council approved Resolution 107-15 renaming the Richmond Workforce Investment Board to the Richmond Workforce Development Board (Board), and to establish the Board’s bylaws (Attachment 1).
The Board nominated an ad hoc committee to review and update the bylaws to reflect the Board’s current roles, responsibilities, and direction. The updated bylaws will also help keep the Board aligned with its Local Plan Agreement, approved by the State of California Workforce Association.
On September 14, 2023, the Board discussed and approved proposed amendments to the bylaws (Attachments 2). The bylaw amendments included changes to the following sections:
Article I – Name and Purpose
Article II – Duties and Responsibilities
Article III – Membership and Meetings
Article IV – Conditions of Service
Article V – Officers
Article VI – Committees
Article VII – Staff Support
DOCUMENTS ATTACHED:
Attachment 1 – Resolution 107-15 with Original Bylaws
Attachment 2 – RWDB Minutes, September 14, 2023
Attachment 3 – Amended Resolution No. 107-15 - RWDB Bylaws (Track Changes) Attachment 4 – RWDB Amended Bylaws (Clean)
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298
299
300
301
302
303
304
305
306
307
308
309
Richmond Workforce Development Board Meeting
Minutes – September 14, 2023
Chairperson Xavier Abrams called the Richmond Workforce Development Board meeting (RWDB) to order on Thursday, September 14, 2023, at 11:47 am.
Call to Order and Roll Call/Introductions
Xavier Abrams, Nannette Beacham, Fernando Campos, Evan Decker, Dr. Carol Dorham-Kelly, Giovanni Flores, Richard Johnson, Chuck Leonard, Jason Lindsey, Uche Uwahemu, Jillian de la Torres (Healthy Contra Costa), Tamara Walker, Cher Lor-Arce, Gilbert Pete, Emmanuel Njome, Bouakhay Phongboupha, Itza Gonzalez, Hellen Zhao Chen, Maria Torres.
Chairperson Abrams requested a motion to have the minutes from May 11, 2023, and July 13, 2023, approved. Board member Lindsey motioned approval and Richard Johnson seconded it. Giovanni Flores abstains, and the motion carries.
Director’s Report – Tamara Walker
- Introduction to new Employment and Training staff – Gilbert Pete, Project Coordinator - New adult program Case Manager starting on 9/18/23
- Received City of Richmond, Children, and Youth Fund for $150,000 supporting health pathways for youth
- The East Bay Region received $500,000 from the State for Prison to Employment:
o Will receive $81,000 to serve 10 participants.
o partnering with local groups working in the City of Richmond - Hosting a job fair at the Richmond Auditorium on 10/25/23 - Hosting a Trades Resource Fair and Plumbers I Boot Camp for East Bay Municipal Utility District (EBMUD) on 9/15/23 at 9AM -12PM
- Californians for All Youth (CAFAY):
o Completed the first Beautify Richmond Cohort,
o Next cohort to start in late October/early November
o We have funded three projects thus far with CAFAY:
Beautify Richmond with Rubicon
RPAL and the Police Explorers
Youth Financial Literacy for All Program with Youth Finance Institute of America Two more Community-Based Organizations projects pending:
Roots of Success, Environmental Literacy and Job Training Youth Pre- Apprenticeship
The Richmond Community Foundation, Equity for Black Women and Girls - STEP, Department of Labor grant:
o We will be applying to serve young people who have IEPs, and disabilities o $750,000, will serve 75 participants
o The program will be funded for three years instead of one year o Will be able to pay the participants directly and offer work for up to 300 hours - 2025-28 Local Plan: we just finished our two-year modification, next year we start working on the new 2025-2028 Local Plan.
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Richmond Workforce Development Board Meeting
Minutes – September 14, 2023
o Looking into the grant writers, their proposal is for $40,000, which is high. We are going to be negotiating that or finding another vendor.
- The Richmond City Council came up with goals and objectives for Employment and Training:
o Support the implementation of Maritime Academy connected to Kennedy High School.
Sal Vaca partnered with one of the businesses in Richmond to develop this Maritime Apprenticeship program. As it stands right now, we are not at the table. Not familiar with the project, and don’t know how to move forward since it hasn’t been brought up to E&T yet.
o The second one is to increase job training for high school juniors and seniors who are not college ready. WCCUSD identified that less than 40% of the students are graduating with the A through G requirements. Young people of color are less than 20%. The City Council is very frustrated with hearing these numbers and has asked us to step in and work with those young people who are not graduating with the A through G requirements and come up with a program to address this population so that when they graduate either we can assist helping them through the A through G requirements or what happens when they graduate.
Board member Leonard commented that there are programs already in place. We have construction apprenticeships, and 24 different affiliates of crafts, some of them with entry requirements, tests, and interviews. There is a non-profit set up called Construction Trades Workforce Initiative, set up by Contra Costa, Alameda, North Bay, Solano, and Napa County building trades. Two-to-three times a year they do classes to help youngsters brush up on their math skills so they can pass some of these entrance exams for the industries that have these exams. There are other trades/crafts where no exams are required, anyone can start and will be taught the trade over a four-year period.
Board Chair, Xavier Abrams, and board member Uche Uwahemu mentioned that this is the district’s responsibility and that we can help support it, but it should be left to the school district. Board member Uwahemu asked if it’s possible to meet with Claudia Jimenez City Council member to talk about this issue. Council member Willis is the person pushing this issue.
Board member Evan Decker added that Awareness is the key, the awareness of the programs and the trajectories. Communication with the parents, what the opportunities are, what those salaries are, and where to apply for the programs.
Contra Costa high schools have career fairs, they might happen in October and November. Being able to communicate to students where these career fairs are will help.
o Expand vocational training programs, create new opportunities for workforce development in Richmond and apprenticeships, collaborate with local businesses to employ students, and continue to support Youthworks to create pathways to high-paying careers. We are working with CTWI, we received $729K for them, to expand our pathways, we received money from EPA to do some more Brownfield work, and in conversation with CTWI and the adult school to create their math training program.
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Richmond Workforce Development Board Meeting
Minutes – September 14, 2023
Policy Review – Tamara Walker
The following policies were presented by Jeff Shoji in the past but were not approved.
i. Dislocated Worker Locally Defined Eligibility Criteria The motion to adopt the policy review was made by Richard Johnson and seconded by Evan Decker, the motion carries.
ii. WIOA Work Experience Policy
For Adults and Youth – The motion to approve the policy was made by board member Uche Uwahemu and seconded by board member DC Dorham-Kelly, the motion carries. iii. Local Board Determination Policy
Allow us to use training funds. The motion was made by board member DC Dorham- Kelly and seconded by board member Richard Johnson, the motion carries.
Bylaws Ad hoc Committee Recommendations – Uche Uwahemu and D.C. Dorham-Kelly A brief discussion ensued about the change/update recommendations by board members Uche Uwahemu and D.C. Dorham-Kelly.
A motion was made to accept all recommendations as listed. Board member Chuck Leonard made the motion and Richard Johnson seconded the motion, the motion carries.
The meeting adjourned at 1:03pm
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CITY COUNCIL RESOLUTION NO. ______ 107-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO RENAME
THE EXISTING CITY OF RICHMOND WORKFORCE INVESTMENT BOARD AND ITS
ASSOCIATED COMMITTEES ESTABLISHED PURSUANT TO THE WORKFORCE INVESTMENT ACT OF 1998; TO ESTABLISH THE CITY OF RICHMOND WORKFORCE
DEVELOPMENT BOARD PURSUANT TO THE WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014; AND AMENDING AMEND THE CITY OF RICHMOND
WORKFORCE DEVELOPMENT BOARD BYLAWS
WHEREAS, the City of Richmond Workforce Investment Board ("WIB") was established pursuant to the Workforce Investment Act of 1998 ("Workforce Investment Act"); and WHEREAS, the Workforce Innovation and Opportunity Act ("WIOA'') of 2014, Public Law 113-128, signed into law on July 22, 2014, and effective July 1, 2015, supersedes the Workforce Investment Act, amends the Adult Education and Family Literacy Act, the Wagner- Peyser Act, and the Rehabilitation Act of 1973; and
WHEREAS, the WIOA authorizes the expenditure of federal funds for workforce development programs in designated local areas; and
WHEREAS, the State of California has designated the City of Richmond as a Local Workforce Development Area ("LA") pursuant to the WIOA ; and
WHEREAS, pursuant to Section 107 of the WIOA, a local workforce development board shall be established in the LA to provide policy guidance and oversight of the workforce development system for the LA; and
WHEREAS, as a result of the WIOA superseding the existing Workforce Investment Act, the Richmond City Council ("Council") desires to rename the WIB and its associated committees established pursuant to the Workforce Investment Act; and
WHEREAS, to implement the WIOA, on November 3, 2015, the City Council also desireds to affirmed the name of the City of Richmond Workforce Development Board ("RWDB") pursuant to the terms and provisions of WIOA, with members appointed by the Council consistent with the new WIOA requirements, and approved and adopted the proposed City of Richmond Workforce Development Board Bylaws;
WHEREAS, the City Council desires to amend the WDB Bylaws attached hereto as Exhibit "A" and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond as follows:
1. The foregoing recitals are true and correct.
2. The Richmond City Council hereby approves and adopts the Richmond Workforce Development Board Bylaws, as amended, attached hereto as Exhibit "A" and incorporated herein by this reference ("Bylaws").
3. This Resolution shall take effect immediately upon its adoption by the Richmond City Council.
1. 2. The City of Richmond Workforce Investment Board, including its associated committees established pursuant to the Workforce Investment Act of 1998, is hereby renamed.
3. The name City of Richmond Workforce Development Board ("RWDB") is hereby established pursuant to the terms and provisions of the Workforce Innovation and Opportunity Act ("WIOA'') of 2014, Public Law 113-128, for all the purposes authorized therein.
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4. The Richmond WDB shall carry out the functions described in Section 107 (d) of the WIOA (and any functions specified for the local board under the WIOA or the provisions establishing a core program) for the designated local area, and any other applicable Federal or State law.
Reso. No. 107-15___
Reso. No. 107-15
314
5. The Richmond City Council hereby approve and adopt the Amended Richmond Workforce Development Board Bylaws attached hereto as Exhibit "A" and incorporated herein by this reference ("Bylaws").
6. The membership requirements and composition of the RWDB shall comply with the requirements set forth in Section 107 of the WIOA and the Bylaws. Consistent with these requirements the RWDB shall have at a minimum 19 members, all of whom shall be appointed by the Chief Elected Official in accordance with Section 107 of the WIOA and the Bylaws.
7. Members shall be appointed for fourtwo-year terms and serve at the pleasure of the Richmond City Council.
8. This Resolution shall take effect immediately upon its adoption by the Richmond City Council.
BE IT FURTHER RESOLVED that Resolution No. 32-00 is hereby repealed.
**********************************
I CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council on______, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Approved:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Mayor
Approved as to form:
City Attorney
State of California
County of Contra Costa
City of Richmond
}
: ss.
}
I certify that the foregoing is a true copy of Resolution No. 107-15____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on_____, 2024.
'
Pamela Christian, City Clerk of the City of Richmond
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Reso. No. 107-15____
316
EXHIBIT"A"
City of Richmond Workforce Development Board
Bylaws (Behind this pageAttached under separate
cover)
317
Reso. No. 107-15____
318
City of Richmond Workforce Development Board
Bylaws
WHEREAS, the Workforce Innovation and
Opportunity Act (WIOA) of 2014, Public Law 113-
128 (hereinafter WIOA), authorizes the expenditure
of federal funds for workforce development programs
in designated Local Areas (WIOA §3); and
WHEREAS, the State of California has designated the
City of Richmond as a Local Area, hereinafter
referred to as LA; and
WHEREAS, the WIOA required the establishment of
a Richmond Workforce Development Board (RWDB)
(WIOA §107) to provide policy guidance and
oversight of the
workforce development system for the LA; and
WHEREAS, the Richmond City Council and its
designated Chief Local Elected Official (CEO),
hereby affirms the RWDB to serve in accordance with
the provisions of the WIOA and adopted bylaws for
the RWDB; and
WHEREAS, it is the intent and desire of the Council
to adopt these Bylaws.
NOW, THEREFORE, the Council hereby adopts
Bylaws as follows herein. The Bylaws stated herein
are the complete and exclusive statement of the 319
Richmond WDB Bylaws and supersede all previous
versions of any existing bylaws. Any previous bylaws
not contained herein shall not be binding and are of
no force and effect:
ARTICLE I - NAME AND PURPOSE
Section A - Name:
The name of this organization shall be the Richmond
Workforce Development Board of the City of
Richmond, California.
Section B - Authorization:
In accordance with section 212 of the Workforce
Innovations & Opportunity Act (42 U.S.C. 17532),
amended by striking ‘‘the local workforce investment
boards established under section 117 of the Workforce
Investment Act of 1998 (29 U.S.C. 2832)),’’ and
inserting ‘‘the local Workforce Development Board
established under section 107 of the Workforce
Innovation and Opportunity Act,’’
The City of Richmond Workforce Development
Board, hereinafter referred to as the RWDB, is
established under Section 107 of the Workforce
Innovations and Opportunity Act; section (B)
subsection (d)(l)(B)(iii), Public Law No: 113-128
(07/22/2014), hereinafter called the WIOA.
Section C - Purpose: 320
The purpose of the Workforce Development Board is
to provide, in conjunction with the Chief Local Elected Official (CLEO), policy guidance for the employment
and training program of the City of Richmond.
Further, the RWDB will exercise oversight authority
over all
(1)
321
activities funded under the Workforce Innovation and
Opportunity Act. This will include planning and
preparation of a Workforce Development Strategic Plan
for the City, to be approved by the RWDB prior to
submission to the City Council. The RWDB shall also
take steps to stimulate interest and involvement of the business community in city sponsored employment
programs in order to increase economic opportunities
for economically disadvantaged and/or unemployed
persons.
Members of the RWDB that represent organizations,
agencies, or other entities shall be individuals with
optimum policymaking authority within their
organizations, agencies, or entities. The members of the RWDB shall represent diverse geographic areas within
the local area.
ARTICLE II - FUNCTIONS DUTIES AND
RESPONSIBILITIES
In accordance with WIOA section 107(d); actions of the
RWDB shall include the following functions and
responsibilities. Consistent with WIOA section 108, the functions of the local board shall include:
1. Local Plan
2. Workforce Research and Regional Labor Market
Analysis
3. Convening, Brokering, Leveraging
4. Employer Engagement
5. Career Pathways Development
6. Proven and Promising Practices 322
7. Technology
8. Program Oversight
9. Negotiation of Local Performance Accountability
Measures
10. Selection of Operators and Providers
11. Coordination with Education Providers
12. Budget and Administration
13. Accessibility for Individuals with Disabilities
Responsibilities specific to the general operations of the RWDB include:The duties and responsibilities shall be
as follows: (Reference Article I, Section C)
1. On an annual basis, but not limited to once
annually, shall submit recommendations regarding
program plans and basic goals, policies, and procedures for employment and training programs for the City of
Richmond.
2. Monitor and make objective evaluations of
employment programs conducted in the
(2)
323
Local Workforce Development Area.
3. Provide continuing analysis of need for
employment, training, education and related services in such areas.
Incorporate the use of technology, such as telephone
and Web-based meetings, that will be used to promote
Workforce Development Board member participation;
4. Serve as the business and industry contact point in
the local employment and training effort,
recommending programs which are responsive to local
employment needs and which increase unsubsidized job
placements.
Seek federal, state, and other funds for
employment, training and economic development
programs having the potential to impact unemployment
in the greater Richmond area. This shall include
working with the City in the development of the Local
Workforce Development Board Recertification and
Strategic Plan for submission to the State.
5. Work with the City of Richmond and workforce
development system stakeholders in the development of
the local workforce strategic plan and identify resources to leverage support for workforce development
activities in the Richmond local area.
324
ARTICLE III - MEMBERSIDP AND MEETINGS
Section A - Membership and Appointment:
1. As authorized under WIOA section 107 (b) (1),
membership of the Board is established with a
minimum of (19) members, the majority of which will
be business representativesmembers. The membership
composition will be as follows:
a) Ten (10) Business Representatives (51%), including
the Chair
b) Four (04) Labor Representatives (20%)
c) Two (02) Education and Training Representatives*
d) One (01) Vocational Rehabilitation Representative
e) One (01) Wagner-Peyser Representative
f) One (01) Economic Development Representative
*Education and Training representativesIndividuals
will be nominated by local education and training
providers or institutions, if there are multiple eligible providers in the local area, and shall consist of one each as follows:.
• Adult Education/Literacy Representative
• Higher Education Representative
2. Nominations will be received by the Workforce
Development Board Executive Committee; reviewed for
appropriateness and recommended for forwarding to
the CEO for appointment to the Richmond Workforce
Development Board.
3. The following criteria will be used for all
membership appointments before members are
appointed under Section AParagraph 2: 325
a) Business members will be targeted as follows:
(3)
326
i. Candidates must be nominated by local business
organizations and business trade associations.the
Chamber of Commerce.
ii. Candidates must be in positions with a high
degree of policy-making and hiring authority within the business they represent.
b) Education members will be selected from
candidates nominated by regional or local education
agencies, institutions, or organizations and
1. shall include a representative of eligible providers administering adult education and literacy activities
under title II;
11. shall include a representative of institutions of
higher education providing workforce investment
activities (including community colleges); and
111. may include representatives of local educational
agencies, and of community based organizations with
demonstrated experience and expertise in addressing
the education or training needs of individuals with
barriers to employment.
c) Labor members will be selected from
candidates nominated by local labor federations.
Community-Based Organization (CBO) members
will be selected based on the following:
Representatives from CBO’s that are required One-
Stop partners will also be counted as CBO members.
Representatives of CBO’s will be selected from
CBO’s that have expertise related to or provide services to employers, employees or job seekers in the Richmond 327 area or that provide services that fill identified voids in the service delivery system.
Economic development agency members will be
selected based on the following:
Representatives from economic development
agencies that are required One-Stop partners will also
be counted as economic development agency members.
Labor, Community Based and Youth-Serving
Organization nominations
1. shall include representatives oflabor
organizations (for a local area in which employees are
represented by labor organizations), who have been
nominated by local labor federations, or for a local area in which no employees are represented by such
organizations;
11. shall include a representative, who shall be a
member of a labor organization or a training director,
from a joint labor-management apprenticeship
program;
111. may include representatives of community based
organizations that have demonstrated experience and
expertise in addressing the employment needs of
individuals with barriers to employment, including
organizations that serve veterans or that provide or
support competitive integrated employment for
individuals with disabilities; and
1v. may include representatives of organizations that
have demonstrated experience and expertise in
addressing the employment, training, or education
needs of eligible youth, including representatives of
organizations that serve out-of-school youth. 328
d) Representatives of Governmental and Economic
and Community Development entities
1. shall include a representative of Economic and
Community Development
entities;
11. shall include an appropriate representative from the State employment service office under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) serving the local area; 111. shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), serving the local area;
(4)
329
1v. may include representatives of agencies or entities administering programs serving the local area
relating to transportation, housing, and public
assistance; and
v. may include representatives of philanthropic
organizations serving the local area.
e) e) Required One-Stop partner members are
nominated by their organization.
4. All RWDB members may volunteer or be
appointed to serve on a RWDB standing committee.
Section B - Meetings:
In accordance with WIOA, section 107(e)-
(SUNSHINE PROVISION), the RWDB shall make
available to the public, on a regular basis through
electronic means and open meetings, information
regarding the activities of the local board, including
information regarding the local plan prior to
submission of the plan, and regarding membership,
the designation and certification of the One-Stop
career services, and the award of grants or contracts
to eligible providers of youth workforce development
activities, and on request, minutes of formal meetings
of the local board.
1. Meetings shall be held a minimum of one
per quarter from 11:30a.m. -1:30 p.m., at a place to
be regularized by a vote of the RWDB. The 330
Chairperson may exercise his/her discretion to cancel
a regularly scheduled meeting, provided that
consultation with the staff indicates that there is no
pressing business before the RWDB. A majority of
the membership shall constitute a quorum for
conducting meetings, approving minutes of the prior
month's meetings, and any other support deemed
necessary for the conduct of its business.
2. A quorum shall be defined as:
a) A simple majority (1051%) of members,
excluding vacancies AND
b) Of those members in attendance, no fewer than
51% are a combination of business and labor
workforce representatives.
3. Special or emergency meetings of the RWDB
may be called at any time by the Chairperson, the
Executive Committee, or upon written request of a
majority of RWDB members. Notice of a special or
emergency meeting will include the time, date, place,
and purpose. The notice, time permitting, shall be
delivered in writing to each member via United States
Postal mail or e-mail not less than three working days
before such meeting date.
4. All meetings of the RWDB shall be open,
public, and noticed in conformance with the Ralph
M. Brown Act, California Government Code 54960,
et.seq., as amended. To the extent feasible, meeting
materials shall be available for members of the public
who attend RWDB meetings. 331
(5)
332
5. A mailing list shall be maintained and notice of
regularly scheduled meetings sent to those who so
request.
6. Robert's Rules of Order, new revised, shall guide
the RWDB in all proceedings, except as otherwise
provided for in these By-Laws.
Section C - Standard of Conduct:
Members of the Workforce Development Board
will:
1. a) Avoid situations which give rise to a suggestion
that any decision was influenced by prejudice, bias,
special interest, or personal gain. Exercise due
diligence to avoid situations which may give rise to an assertion that favorable treatment is being granted to
friends and associations.
b) Not solicit or accept money or any other
consideration from any person for the performance
of an act reimbursed in whole or part with WIOA
funds.
c) Not cast a vote in the provision of services by that member (or any organization which that member
represents) or vote on any matter which would
provide direct financial benefit to that member
and/or any business or organization which the 333
member directly represents.
d) Not cast a vote in the provision of services by that member or any member of his/her immediate family
that has a financial or other interest in the firm
selected for award or employed by the organization
awarded.
e) Not engage in any other activity determined by
the Governor or California Workforce Development
Board to constitute a conflict of interest as specified in the State plan.
ARTICLE IV - CONDITIONS OF SERVICE
Section A - Length of Term
:
Members shall be appointed for a fixed term of four
two years and may serve until their successors are
appointed. Term appointments will be staggered to
ensure only a portion of board membership expire in
a given year. Members may be reappointed by the
CEO City for successive terms.
Section B - Replacement Procedures
:
Any vacancy in the membership of the Board shall be
filled in the same manner as the original
appointment. Once a representative has been
appointed to the RWDB, serving a specific 334
business/industry/, agency/, commission, or duly
constituted organization; that entity may nominate a
replacement representative, subject to approval by
the RWDB and the CEORichmond City Council.
Those representing constituencies from the populace
at large must be replaced through a process of
applying for RWDB membership, being interviewed
and recommended for selection by the City Council,
and being appointed by same.
(6)
335
recommended for selection by the RWDB, and being
appointed by the CEO.
Section C - Alternates
:
RWDB members may nominate his/her own
alternate who is similarly representative, subject to
approval by RWDB. The Alternate may vote only in
the member's absence.
Section D -Absences
:
Unexcused absences of any member or alternate from
three (3) consecutive regular Board and/or committee
meetings shall constitute resignation of that
constituency from the Workforce Development
Board. Staff shall record all unexcused absences and
member's attendance record. Members shall be
notified in writing after two consecutive absences
within a given 12-month period.
Section E - Voting
:
All members, including the Chairperson and Vice
Chairperson, may make motions, second motions and
vote. At every meeting of the RWDB each member
shall be entitled to vote except as restricted by Article IV, Section C, of the By-Laws. All elections shall be
held and all questions decided by a majority vote of
the members present at a meeting in which there is a
quorum, except as otherwise noted in the By-Laws. If 336 conflicting issues and/or motions arise, the
Chairperson will use parliamentary procedures to
resolve same.
Minutes of the meetings shall record the abstentions
of members who are prohibited from voting due to
conflict of interest.
Section F - Termination
:
Resignation, removal and/or conduct detrimental to
the interests of the RWDB, or failure to attend three
consecutively scheduled full Board and/or committee
meetings shall be grounds for termination of RWDB
membership.
Section G - Resignation of Members
:
1. Resignation of RWDB Members should be
effected by a written letter of resignation submitted
to the Chairperson of the RWDB and the Mayor of
the City of Richmond.
2. If a member is absent from three (3) consecutive
regular board and/or committee meetings of the
RWDB, without notification as specified in Article IV,
Section D, and after a good faith effort by the
Chairperson to contact member regarding the
absences, the member shall be considered to have
resigned.
337
ARTICLE V - OFFICERS
Section A - Number:
The number of officers shall be determined by the
RWDB. At a minimum there shall be a Chairperson
and Vice Chairperson. Any two offices, except those
of the Chairperson and Vice Chairperson, may be
held by the same person.
(7)
338
The number of officers shall be determined by the
RWDB. At a minimum there shall be a Chairperson
and Vice Chairperson. Any two offices, except those
of the Chairperson and Vice Chairperson, may be
held by the same person.
Section B - Election and Term of Chairperson and
Vice Chairperson
:
1. Procedure - The RWDB must elect a
Chairperson who is from among the business
representatives as required by WIOA section
107(b)(3). That body shall also elect the Vice-
Chairperson. The Chairperson and Vice
Chairperson shall be elected for a term of two years.
In the event of a vacancy in either position, the
vacancy shall be filled by election of the Board.
Elections shall be held every other May.
Section C - Vacancy
:
1. Absence By Chairperson - In the event of a
vacancy occurring in the office of the Chairperson,
the Vice Chairperson shall act as the Chairperson
until the vacancy has been filled by the process
outlined in Article IV, Section B. For any vacancy of
other officer positions, the Chair will make an
interim appointment to fill the remainder of the term 339 of that office.
2. Removal Of Members Oror Officers - Any
member or officer may be removed from
membership or from office by the majority
affirmative vote of the Executive Board for conduct
detrimental to the interests of the RWDB. Any
member or officer proposed to be removed shall be
entitled to not less than five days prior written notice and mailed return receipt requested. Every
reasonable effort must be made to notify the affected
party, including meeting date at which such removal
is to be acted upon. These efforts shall be detailed by the RWDB Chairperson or Vice Chairperson prior to
any casting of votes on the matter. Should the
member or officer not wish to appear before the
Executive Board, a vote will be taken on the matter in
the person's absence.
If the member or officer wishes to appeal the decision
of the Executive Board, an appeal can be made to the
RWDB. The final decision shall be determined by the
majority of two-thirds vote of the full RWDB
membership.
Section D - Board Officer Positions
:
1. Chair - Serves as Executive Officer of the
Workforce Development Board. Chairs Board and
Executive Committee Meetings. Has signatory
authority for certain required WIOA and other
340
program authorizing documents. May appoint
Standing Committee Chairs and Ad Hoc committees
(e.g., Nominating Committee). May represent board
at local, regional, national meetings and conferences.
Performs other functions deemed appropriate and as
outlined in the RWDB By-Laws.
2. Vice Chair - Serves in Chair's absence at
meetings and as appropriate, as signatory
(8)
341
authority. May serve as Chair of one standing
committee or of any Ad Hoc committee.
3. Secretary - Serves as oOfficer in charge of
minutes and works with staff to insure proper
documentation of agenda, minutes, and meeting
notice requirements.
4. Treasurer- Serves as oOfficer in charge of budget
information and works with staff to provide budget
reports to RWDB.
5. Standing Committee Chair - May be elected or
appointed by the Executive Committee.
6. Standing Committee Vice Chairs - May be elected
or appointed by the Executive Committee.
ARTICLE VI - COMMITTEES
All committees may function on behalf of the RWDB
proper in gathering information, hearing testimony
or drafting recommendations for action. However,
all official action shall be taken by the membership of the RWDB proper, unless the authority for decisions
is delegated on an issue-by-issue basis. All standing
committees must be chaired by a full RWDB
member.
The RWDB may establish such other standing 342
committees with such functions, duties,
responsibilities, and tenure as is deemed necessary.
Section A - Executive Committee:
1. Executive Committee - Executive Committee will
consist of the RWDB Officers, Chairs and Co-Chairs
of Standing Committees. The Executive Committee
will provide recommendations and advice to the
Chairperson and the RWDB on all matters within
the jurisdiction of the By-Laws. A quorum of the
majority of Executive Committee members is
necessary to call a meeting.
2. Authority - The Executive Committee is
authorized to act on the RWDB's behalf on issues
requiring immediate action prior to the standing
RWDB board meeting. All issues on which the
Executive Committee takes action will be brought to
the full Board at the next meeting for discussion, and
if necessary, amendment.
3. Composition - The Executive Committee
shall be comprised of four elected officers, as well as the Chairperson of any other committee which is
authorized by the RWDB.
Annual Meeting - The annual meeting of the
RWDB shall be held each year during the month of
June following the election of officers during the
month of May. The purpose of the meeting is to
provide orientation for new members, officers of the
WDB, and the general public and for conducting such
343
other business as may come before the WDB.
4. (9)
344
RWDB, and the general public and for conducting
such other business as may come before the RWDB.
5. In addition to the Executive Committee, and in
accordance with Article 6, Section B: there shall be
three standing committees of the RWDB: Youth
Services, One-Stop, One-Stop Delivery System and
Services to Individuals with Disabilities. Members of
these committees shall be appointed by the Executive
Committee. The executive committee will be
responsible for developing the standing committee
structure, directing their activities within the design of WIOA and determining how they will most
effectively assist the RWDB in serving the Richmond
community.
Section B - Required RWDB Standing Committees
:
1. Youth Services Standing Committee - is a
requirement of the Workforce Innovation and
Opportunity Act. The Act mandates the membership
composition of the Youth Services Standing
CommitteeCouncil, with allowances for "other"
categories of membership beyond the required ones.
The Act also gives local areas options as to the extent of authority of the Youth Services Standing
Committee in relation to the RWDB's policy
authority. The RWDB will decide the Youth Services
Standing Committee's policy and decision-making
role. The Youth Services Standing Committee
includes RWDB and non-RWDB members. 345
2. One-Stop Delivery System Standing
Committee - will provide a link to the RWDB for
community partners representing the current
RichmondWORKS site. They will support the
RWDB goal of maintaining positive private, public
and government relations through development of a
marketing agenda that can be carried out by RWDB
members through their daily interactions, and, when
applicable, through special projects. Tasks include
review and approval of the One-Stop Systems
operations, service providers and training vendors.
Further, the committee oversees program planning,
all budgets and performance. Like the Youth
Standing Committee, the One-Stop Delivery System
Standing Committee will include RWDB members
and non-RWDB members. The committee will not
usurp the operational oversight functions of the
Executive Committee. The committee will serve as a
complement to the other committees and seed the
future objective of sustainment of the community
based service operation.
3. Services to Individuals with Disabilities
(SID) Standing Committee - Wwill assist with
operational and other issues for provision of services
to individuals with disabilities, including
programmatic and physical access to services,
programs, and activities of One-Stop delivery system,
appropriate training for staff on providing supports
or accommodations and finding employment
opportunities for individuals with disabilities. The
SID Standing Committee includes RWDB and non-
RWDB members.
346
These committees will also provide direction and
oversight for the WIOA- required customer
satisfaction survey process. The One-Stop Delivery
System Standing Committee shall be responsible for
inter-agency relations and outreach efforts, including
regional collaborations with other local workforce
development agencies or other like organizations and
fund-raising for RWDB programs.
(10)
347
customer satisfaction survey process. The One-Stop
Delivery System Standing Committee shall be
responsible for inter-agency relations and outreach
efforts, including regional collaborations with other
local workforce development agencies or other like
organizations and fund-raising for RWDB programs.
ARTICLE VII - STAFF SUPPORT
1. The local Workforce Development Area
administrative entity (City of Richmond,
Employment and Training Department) shall provide
staff support for the Richmond WDB. Staff shall:
Prepare and distribute agendas and other
materials.
a.
Provide for necessary staff, budgetary, legal and
administrative services to carry out the programs,
policies, and directives of the RWDB.
b.
Prepare administrative reports required by the
Board.
c.
Attend RWDB meetings, take minutes, and
prepare and maintain records of all proceedings.
d.
e. Orient and train new RWDB members.
348
(11)
349
1 City of Richmond Workforce Development Board
BYLAWS
WHEREAS, the Workforce Innovation and Opportunity Act (WIOA) of 2014, Public Law 113-128 (hereinafter WIOA), authorizes the expenditure of federal funds for workforce development programs in designated Local Areas (WIOA §3); and
WHEREAS, the State of California has designated the City of Richmond as a Local Area, hereinafter referred to as LA; and
WHEREAS, the WIOA required the establishment of a Richmond Workforce Development Board (WDB) (WIOA §107) to provide policy guidance and oversight of the workforce development system for the LA; and
WHEREAS, the Richmond City Council and its designated Chief Local Elected Official (CEO), hereby affirms the WDB to serve in accordance with the provisions of the WIOA and adopted bylaws for the WDB; and
WHEREAS, it is the intent and desire of the Council to adopt these Bylaws.
NOW, THEREFORE, the Council hereby adopts Bylaws as follows herein. The Bylaws stated herein are the complete and exclusive statement of the Richmond WDB Bylaws and supersede all previous versions of any existing bylaws. Any previous bylaws not contained herein shall not be binding and are of no force and effect:
ARTICLE I - NAME AND PURPOSE
Section A - Name:
The name of this organization shall be the Richmond Workforce Development Board of the City of Richmond, California.
Section B - Authorization:
In accordance with section 212 of the Workforce Innovations & Opportunity Act (42 U.S.C. 17532), amended by striking ‘‘the local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832)),’’ and inserting ‘‘the local Workforce Development Board established under section 107 of the Workforce Innovation and Opportunity Act,’’
The City of Richmond Workforce Development Board, hereinafter referred to as the WDB, is established under Section 107 of the Workforce Innovations and Opportunity Act; section (B) subsection (d)(l)(B)(iii), Public Law No: 113-128 (07/22/2014), hereinafter called the WIOA.
Section C - Purpose:
The purpose of the Workforce Development Board is to provide, in conjunction with the Chief Local Elected Official (CLEO), policy guidance for the employment and training program of the City of Richmond. Further, the WDB will exercise oversight authority over all activities funded under the Workforce Innovation and Opportunity Act.
This will include planning and preparation of a Workforce Development Strategic Plan for the City, to be approved by the WDB prior to submission to the City Council. The WDB shall also take steps to stimulate interest and involvement of the business community in city sponsored employment programs in order to increase economic opportunities for economically disadvantaged and/or unemployed persons.
ARTICLE II - DUTIES AND RESPONSIBILITIES
The duties and responsibilities shall be as follows: (Reference Article I, Section C) 350
2 1. On an annual basis, but not limited to once annually, shall submit recommendations regarding program plans and basic goals, policies, and procedures for employment and training programs for the City of Richmond.
2. Monitor and make objective evaluations of employment programs conducted in the Local Workforce Development Area.
3. Provide continuing analysis of need for employment, training, education and related services in such areas.
4. Incorporate the use of technology, such as telephone and Web-based meetings, that will be used to promote Workforce Development Board member participation.
5. Serve as the business and industry contact point in the local employment and training effort, recommending programs which are responsive to local employment needs, and which increase unsubsidized job placements.
6. Seek federal, state, and other funds for employment, training and economic development programs having the potential to impact unemployment in the greater Richmond area. This shall include working with the City in the development of the Local Workforce Development Board Recertification and Strategic Plan for submission to the State.
7. Work with the City of Richmond and workforce development system stakeholders in the development of the local workforce strategic plan and identify resources to leverage support for workforce development activities in the Richmond local area.
ARTICLE III - MEMBERSIDP AND MEETINGS
Section A - Membership and Appointment:
1. As authorized under WIOA section 107 (b) (1), membership of the Board is established with a minimum of nineteen (19) members, the majority of which will be business members. The membership composition will be as follows:
a) (10) Business Representatives (51%), including the Chair b) (4) Labor Representatives (20%)
c) Vocational Rehabilitation Representative
d) Wagner-Peyser Representative
e) Economic Development Representative
* Individuals will be nominated by local education and training providers or institutions, if there are multiple eligible providers in the local area. • Adult Education/Literacy Representative
• Higher Education Representative
2. Nominations will be received by the Workforce Development Board Executive Committee; reviewed for appropriateness and recommended for forwarding to the CEO for appointment to the Richmond Workforce Development Board.
3. The following criteria will be used for all membership appointments before members are appointed under Paragraph 2:
a) Business members will be targeted as follows:
i. Candidates must be nominated by the Chamber of Commerce. Candidates must be in positions with a high degree of policy-making and hiring authority within the business they represent.
b) Education members will be selected from candidates nominated by regional or local 351
3 education agencies, institutions, or organizations.
c) Labor members will be selected from candidates nominated by local labor federations.
i. Community-Based Organization (CBO) members will be selected based on the following:
Representatives from CBO’s that are required One-Stop partners will also be counted as CBO members.
Representatives of CBO’s will be selected from CBO’s that have expertise related to or p rovide services to employers, employees or job seekers in the Richmond area or that provide services that fill identified voids in the service delivery system.
d) Economic development agency members will be selected based on the following:
i. Representatives from economic development agencies that are required One - Stop partners will also be counted as economic development agency members.
e) Required One-Stop partner members are nominated by their organization.
4. All WDB members may volunteer or be appointed to serve on a WDB standing committee.
Section B - Meetings:
In accordance with WIOA, section 107(e)-(SUNSHINE PROVISION), the WDB shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local board, including information regarding the local plan prior to submission of the plan, and regarding membership, the designation and certification of the One-Stop career services, and the award of grants or contracts to eligible providers of youth workforce development activities, and on request, minutes of formal meetings of the local board.
1. Meetings shall be held a minimum of one per quarter from 11:30a.m. -1:30 p.m., at a place to be regularized by a vote of the WDB. The Chairperson may exercise his/her discretion to cancel a regularly scheduled meeting, provided that consultation with the staff indicates that there is no pressing business before the WDB. A majority of the membership shall constitute a quorum for conducting meetings, approving minutes of the prior month's meetings, and any other support deemed necessary for the conduct of its business.
a) A quorum shall be defined as:
i.A simple majority (51%) of members, excluding vacancies AND ii.Of those members in attendance, no fewer than 51% are a combination of business and workforce representatives.
2. Special or emergency meetings of the WDB may be called at any time by the Chairperson, the Executive Committee, or upon written request of a majority of WDB members. Notice of a special or emergency meeting will include the time, date, place, and purpose. The notice, time permitting, shall be delivered in writing to each member via United States Postal mail or e-mail not less than three working days before such meeting date.
3. All meetings of the WDB shall be open, public, and noticed in conformance with the Ralph M. Brown Act, California Government Code 54960, et.seq., as amended. To the extent feasible, meeting materials shall be available for members of the public who attend WDB meetings.
4. A mailing list shall be maintained and notice of regularly scheduled meetings 352
4 sent to those who so request.
5. Robert's Rules of Order, new revised, shall guide the WDB in all proceedings, except as otherwise provided for in these By-Laws.
Section C - Standard of Conduct:
1. Members of the Workforce Development Board will:
a) Avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain. Exercise due diligence to avoid situations which may give rise to an assertion that favorable treatment is being granted to friends and associations.
b) Not solicit or accept money or any other consideration from any person for the performance of an act reimbursed in whole or part with WIOA funds.
c) Not cast a vote in the provision of services by that member (or any organization which that member represents) or vote on any matter which would provide direct financial benefit to that member and/or any business or organization which the member directly represents.
d) Not cast a vote in the provision of services by that member or any member of his/her immediate family that has a financial or other interest in the firm selected for award or employed by the organization awarded.
e) Not engage in any other activity determined by the Governor or California Workforce Development Board to constitute a conflict of interest as specified in the State plan.
ARTICLE IV - CONDITIONS OF SERVICE
Section A - Length of Term
Members shall be appointed for a fixed term of two years and may serve until their successors are appointed. Term appointments will be staggered to ensure only a portion of board membership expire in a given year. Members may be reappointed by the City for successive terms.
Section B - Replacement Procedures
Any vacancy in the membership of the Board shall be filled in the same manner as the original appointment. Once a representative has been appointed to the WDB, serving a specific business/industry/agency/commission, or duly constituted organization; that entity may nominate a replacement representative, subject to approval by the WDB and Richmond City Council. Those representing constituencies from the populace at large must be replaced through a process of applying for WDB membership, being interviewed and recommended for selection by the City Council, and being appointed by same
Section C - Alternates
WDB members may nominate his/her own alternate who is similarly representative, subject to approval by WDB. The Alternate may vote only in the member's absence.
Section D -Absences
Unexcused absences of any member or alternate from three (3) consecutive regular Board and/or committee meetings shall constitute resignation of that constituency from 353
5 the Workforce Development Board. Staff shall record all unexcused absences and member's attendance record. Members shall be notified in writing after two consecutive absences within a given 12-month period.
Section E - Voting
All members, including the Chairperson and Vice Chairperson, may make motions, second motions and vote. At every meeting of the WDB each member shall be entitled to vote except as restricted by Article IV, Section C, of the By-Laws. All elections shall be held, and all questions decided by a majority vote of the members present at a meeting in which there is a quorum, except as otherwise noted in the By- Laws. If conflicting issues and/or motions arise, the Chairperson will use parliamentary procedures to resolve same.
Minutes of the meetings shall record the abstentions of members who are prohibited from voting due to conflict of interest.
Section F - Termination
Resignation, removal and/or conduct detrimental to the interests of the WDB, or failure to attend three consecutively scheduled full Board and/or committee meetings shall be grounds for termination of WDB membership.
Section G - Resignation of Members
1. Resignation of WDB Members should be affected by a written letter of resignation submitted to the Chairperson of the WDB and the Mayor of the City of Richmond.
2. If a member is absent from three (3) consecutive regular board and/or committee meetings of the WDB, without notification as specified in Article IV, Section D, and after a good faith effort by the Chairperson to contact member regarding the absences, the member shall be considered to have resigned.
ARTICLE V - OFFICERS
Section A - Number
The number of officers shall be determined by the WDB. At a minimum there shall be a Chairperson and Vice Chairperson. Any two offices, except those of the Chairperson and Vice Chairperson, may be held by the same person.
Section B - Election and Term of Chairperson and Vice Chairperson
1. Procedure - The WDB must elect a Chairperson who is from among the business representatives as required by WIOA section 107(b)(3). That body shall also elect the Vice-Chairperson. The Chairperson and Vice Chairperson shall be elected for a term of two years. In the event of a vacancy in either position, the vacancy shall be filled by election of the Board. Elections shall be held every other May.
Section C - Vacancy
1. Absence By Chairperson - In the event of a vacancy occurring in the office of the Chairperson, the Vice Chairperson shall act as the Chairperson until the vacancy has been filled by the process outlined in Article IV, Section B. For any vacancy of other officer positions, the Chair will make an interim appointment to fill the remainder of the term of that office. 354
6 2. Removal Of Members or Officers - Any member or officer may be removed from membership or from office by the majority affirmative vote of the Executive Board for conduct detrimental to the interests of the WDB. Any member or officer proposed to be removed shall be entitled to not less than five days prior written notice and mailed return receipt requested. Every reasonable effort must be made to notify the affected party, including meeting date at which such removal is to be acted upon. These efforts shall be detailed by the WDB Chairperson or Vice Chairperson prior to any casting of votes on the matter. Should the member or officer not wish to appear before the Executive Board, a vote will be taken on the matter in the person's absence.
If the member or officer wishes to appeal the decision of the Executive Board, an appeal can be made to the WDB. The final decision shall be determined by the majority of two-thirds vote of the full WDB membership.
Section D - Board Officer Positions
1. Chair - Serves as Executive Officer of the Workforce Development Board.
Chairs Board and Executive Committee Meetings. Has signatory authority for certain required WIOA and other program authorizing documents. May appoint Standing Committee Chairs and Ad Hoc committees (e.g., Nominating Committee). May represent board at local, regional, national meetings and conferences. Performs other functions deemed appropriate and as outlined in the WDB By-Laws.
2. Vice Chair - Serves in Chair's absence at meetings and as appropriate, as signatory authority. May serve as Chair of one standing committee or of any Ad Hoc committee.
3. Secretary - Officer in charge of minutes and works with staff to insure proper documentation of agenda, minutes, and meeting notice requirements.
4. Treasurer- Officer in charge of budget information and works with staff to provide budget reports to WDB.
5. Standing Committee Chair - May be elected or appointed by the Executive Committee.
6. Standing Committee Vice Chairs - May be elected or appointed by the Executive Committee.
ARTICLE VI - COMMITTEES
All committees may function on behalf of the WDB proper in gathering information, hearing testimony or drafting recommendations for action. However, all official action shall be taken by the membership of the WDB proper, unless the authority for decisions is delegated on an issue-by-issue basis. All standing committees must be chaired by a full WDB member.
The WDB may establish such other standing committees with such functions, duties, responsibilities, and tenure as is deemed necessary.
Section A - Executive Committee:
1. Executive Committee - Executive Committee will consist of the WDB Officers, Chairs and Co-Chairs of Standing Committees. The Executive Committee will provide recommendations and advice to the Chairperson and the WDB on all matters within the jurisdiction of the By-Laws. A quorum of 355
7 the majority of Executive Committee members is necessary to call a meeting.
2. Authority - The Executive Committee is authorized to act on the WDB's behalf on issues requiring immediate action prior to the standing WDB board meeting.
All issues on which the Executive Committee takes action will be brought to the full Board at the next meeting for discussion, and if necessary, amendment.
3. Composition - The Executive Committee shall be comprised of four elected officers, as well as the Chairperson of any other committee which is authorized by the WDB.
4. Annual Meeting - The annual meeting of the WDB shall be held each year during the month of June following the election of officers during the month of May. The purpose of the meeting is to provide orientation for new members, officers of the WDB, and the general public and for conducting such other business as may come before the WDB.
5. In addition to the Executive Committee, and in accordance with Article 6, Section B: there shall be three standing committees of the WDB: Youth Services, One- Stop, One-Stop Delivery System and Services to Individuals with Disabilities.
Members of these committees shall be appointed by the Executive Committee.
The executive committee will be responsible for developing the standing committee structure, directing their activities within the design of WIOA and determining how they will most effectively assist the WDB in serving the Richmond community.
Section B - Required WDB Standing Committees
1. Youth Services Standing Committee - is a requirement of the Workforce Innovation and Opportunity Act. The Act mandates the membership composition of the Youth Council, with allowances for "other" categories of membership beyond the required ones. The Act also gives local areas options as to the extent of authority of the Youth Services Standing Committee in relation to the WDB's policy authority. The WDB will decide the Youth Services Standing Committee's policy and decision-making role. The Youth Standing Committee includes WDB and non-WDB members.
2. One-Stop Delivery System Standing Committee - will provide a link to the WDB for community partners representing the current RichmondWORKS site. They will support the WDB goal of maintaining positive private, public and government relations through development of a marketing agenda that can be carried out by WDB members through their daily interactions, and, when applicable, through special projects. Tasks include review and approval of the One-Stop Systems operations, service providers and training vendors. Further, the committee oversees program planning, all budgets and performance. Like the Youth Standing Committee, the One-Stop Delivery System Standing Committee will include WDB members and non-WDB members. The committee will not usurp the operational oversight functions of the Executive Committee. The committee will serve as a complement to the other committees and seed the future objective of sustainment of the community based service operation.
3. Services to Individuals with Disabilities - Will assist with operational and other issues for provision of services to individuals with disabilities, including programmatic and physical access to services, programs, and activities of One- Stop delivery system, appropriate training for staff on providing supports or accommodations and finding employment opportunities for individuals with disabilities.
These committees will also provide direction and oversight for the WIOA-required 356
8 customer satisfaction survey process. The One-Stop Delivery System Standing Committee shall be responsible for inter-agency relations and outreach efforts, including regional collaborations with other local workforce development agencies or other like organizations and fund-raising for WDB programs.
ARTICLE VII - STAFF SUPPORT
1. The local Workforce Development Area administrative entity (City of Richmond, Employment and Training Department) shall provide staff support for the Richmond WDB. Staff shall:
a. Prepare and distribute agendas and other materials.
b. Provide for necessary staff, budgetary, legal and administrative services to carry out the programs, policies, and directives of the WDB.
c. Prepare administrative reports required by the Board.
d. Attend WDB meetings, take minutes, and prepare and maintain records of all proceedings.
e. Orient and train new WDB members.
357
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Bobby Winston reappointment to the Richmond-
Zhoushan Friendship Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
Appointed to the commission 12/07/21
STATEMENT OF THE
ISSUE:
Bobby Winston is reapplying for the Richmond-Zhoushan
Friendship Commission
RECOMMENDED ACTION:
REAPPOINT Bobby Winston to the Richmond-Shimada
Friendship Commission with a term that expires on
December 31, 2026 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).
DISCUSSION:
Bobby has proven to be a valuable member of the Commission in the past by bringing his knowledge of Port industries and coastal driven economics to build strong AGENDA
REPORT
358
October 15, 2024
relationships with Richmond’s sister city Zhoushan, China. Bobby’s continued leadership in the building of cultural and business relationships will be mutually fruitful for both Richmond and Zhoushan.
DOCUMENTS ATTACHED:
Attachment 1 – Bobby Winston redacted application
359
360
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Margaret Lee reappointment to the Richmond-Zhoushan
Friendship Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
Margaret Lee was appointed to the Richmond -Zhoushan
Friendship Commission on May 19, 2020
STATEMENT OF THE
ISSUE:
Margaret Lee reappointment to the Richmond-Zhoushan
Friendship Commission
RECOMMENDED ACTION:
REAPPOINT Margaret Lee to the Richmond-Zhoushan
Commission with a term that expires on December 31,
2026 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).
DISCUSSION: Margaret Lee has served on the Richmond-Zhoushan Friendship Commission for four years, bringing her background as a multicultural education and AGENDA
REPORT
361
October 15, 2024
bilingual vocational instructor, as well as her valuable life experience, which greatly contributes to the commission's success.
DOCUMENTS ATTACHED:
Attachment 1 – Margaret Lee redacted application
362
363
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Joseph Kong reappointment Richmond Zhoushan
Friendship Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
Joseph Kong was appointed to the Richmond Zhoushan
Commission in 2017 and reappointed in 2020
STATEMENT OF THE
ISSUE:
Joseph Kong is reapplying for the Richmond Zhoushan
Friendship Commission
RECOMMENDED ACTION:
REAPPOINT Joseph Kong to the Richmond-Zhoushan
Commission with a term that expires on December 31,
2026 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).
DISCUSSION: Since 2017, Joseph has served on the Richmond-Zhoushan Commission, where his experience and commitment to enriching cultural exchanges AGENDA
REPORT
364
October 15, 2024
between students from the West Contra Costa Unified School District and Zhoushan, China, make him an invaluable contributor.
DOCUMENTS ATTACHED:
Attachment 1 – Joseph Kong application redacted
365
366
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Jaycine Scott reappointment to the Housing Advisory
Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
Jaycine Scott was appointed in 2014 and reappointed in
2015, 2017, and 2020
STATEMENT OF THE
ISSUE:
Jaycine Scott is reapplying for the Housing Advisory
Commission.
RECOMMENDED ACTION:
REAPPOINT Jaycine Scott to the Housing Advisory
Commission with a term that expires on November 1,
2026 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).
DISCUSSION: Jaycine has served ten years on the Housing Advisory Commission.
Jaycine brings experience, passion, and lived experience to the commission. Her AGENDA
REPORT
367
October 15, 2024
reappointment will help ensure that the Housing Authority Commission will continue to thrive.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted application for Jaycine Scott
368
369
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Martinez
Subject:
Evelyn Santos reappointment to the Library Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Evelyn Santos is applying for a reappointment to the
Library Commission
RECOMMENDED ACTION:
REAPPOINT Evelyn Santos to the Library Commission
with a term expiring on July 1, 2027 - Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).
DISCUSSION: Evelyn has served on the Library Commission for a year, contributing meaningfully by drawing on her experience in youth education and literature preservation. Throughout her tenure, she has both learned from and enriched the AGENDA
REPORT
370
October 15, 2024
commission with her unique perspective. Her position as Executive Director of the Richmond Museum exemplifies the importance that Evelyn places upon historical knowledge and continued education.
DOCUMENTS ATTACHED:
Attachment 1 – Evelyn Santos Redacted Reappointment App
371
BOARD OR COMMISSION APPLICATION FORM
DATE: _____________________
Check one: New Appointment
Re-Appointment
NAME OF BOARD OR COMMISSION: _____________________________________________________________ NAME: ______________________________________________________________________________________ HOME ADDRESS:_ Richmond, CA_________________________________ ZIP CODE: __94804______HOME PHONE: ______ WORK PHONE: _________ OCCUPATION: _______________________________________ EMAIL ADDRESS: _ HOW LONG HAVE YOU BEEN A RESIDENT OF THE CITY OF RICHMOND: _____________________________ PLACE OF EMPLOYMENT: ________________________________
REASONS FOR INTEREST IN APPOINTMENT:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ FRATERNAL AND/OR CIVIC ORGANIZATIONS:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ EDUCATION:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ REFERENCES (Minimum 5 – List Name, Address, Phone Number, and Email Address)
1.___________________
2._____________ ___________________
3.______________
4._______________ _________
5.__________________ _
To the best of my knowledge the information provided is true and correct:
_______________________________________________ ____________________________ Signature Date
Deliver or Mail to: City Clerk Or Email to: [email protected] 450 Civic Center Plaza
Richmond, CA 94804
For Office Use Only: New Appointment: Reappointment: 1st 2nd 3rd 07/01/2024
✔
Library Commission
EVELYN J SANTOS
Executive Director
20+ years
Having yet to serve a full-year, I'd be delighted to continue to serve on the Library Commission.
N/A
High School - Middle College High School in San Pablo, CA (2009) AA Degree - Liberal Arts - Contra Costa College in San Pablo, CA (2009) BA Degree - Psychology Major, Anthropology Minor - Mills College in Oakland, CA (20013) 07/15/2024
372
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Gay Timmons reappointment to the Planning Commission
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
Gay Timmons was appointed to the Planning Commission
on February 20, 2024
STATEMENT OF THE
ISSUE:
Gay Timmons is reapplying for a seat on the Planning
Commission after serving on an unexpired term.
RECOMMENDED ACTION:
REAPPOINT Gay Timmons to the Planning Commission
with a term expiring on June 30, 2026 - Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
Gay Timmons’ application for the Planning Commission is driven by a lifelong connection to the Bay Area and a commitment to community service, inspired by her AGENDA
REPORT
373
October 15, 2024
family's involvement in public health. With expertise in sustainability, anthropology, and physiology, she aims to address the impact of development on community health. Her experience as a local homeowner and business owner provides a practical perspective on Richmond's urban challenges.
DOCUMENTS ATTACHED:
Attachment 1 – Gay Timmons redacted application
374
375
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
John Dupin reappointment to the Contra Costa Mosquito
and Vector Control Board
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
John Dupin is reapplying for the Contra Costa Mosquito
and Vector Control Board Commission.
RECOMMENDED ACTION:
REAPPOINT John Dupin to the Contra Costa Mosquito
and Vector Control Board with a term that expires on
January 6, 2029 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).
DISCUSSION: John has served as a Richmond trustee on the Contra Costa County Mosquito and Vector Control District Board since October 2022. John brings several years of laboratory experience from his work at Rutgers University, where he AGENDA
REPORT
376
October 15, 2024
researched mosquitoes and their resistance to pesticides. His extensive knowledge and expertise make him an invaluable asset for the position he is reapplying for.
Attachment 1 – John Dupin’s reappointment application redacted 377
378
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Martinez
Subject:
Proclamation Declaring October 19, 2024, as Arbor Day
in Richmond
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
This proclamation recognizes the historical significance of Arbor Day and its importance in promoting the planting and care of trees. The proclamation officially declares October 19, 2024, as Arbor Day in the City of Richmond.
RECOMMENDED ACTION:
PROCLAMATION recognizing October 19, 2024, as
Arbor Day in Richmond - Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).
DISCUSSION:
This proclamation recognizes the historical significance of Arbor Day and its importance in promoting the planting and care of trees. It highlights the origins of Arbor Day in Spain and its later adoption in the United States. The proclamation emphasizes the numerous benefits of urban forests, including improved air quality and environmental benefits, and the City of Richmond's commitment to urban reforestation.
The City of Richmond expresses gratitude to its Public Works Department's Parks and Landscaping Division, Urban Forestry Commission, and Groundwork Richmond for their AGENDA
REPORT
379
October 15, 2024
efforts in enhancing the quality of life for residents. It also announces a tree planting project scheduled for October 19, 2024, in Southside Park (361 South St), encouraging residents to participate in Arbor Day by planting, nurturing, and celebrating trees. In conclusion, the proclamation officially declares October 19, 2024, as Arbor Day in the City of Richmond.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
380
Mayor Eduardo Martinez
City of Richmond
October 15, 2024
Declaring October 19, 2024, as Arbor Day
WHEREAS, in 1594, the Spanish village of Mondoñedo celebrated the first documented Arbor Day and in 1805, the Spanish village of Villanueva de la Sierra celebrated the first modern day Arbor Day, organized by local priest Don Ramón Vacas Roxo who was convinced of the importance of trees for health, hygiene, decoration, nature, environment, and customs; and
WHEREAS, in 1872, Nebraska City celebrated the first Arbor Day in the United States, organized by journalist Julius Sterling Morton who led the charge in the planting of approximately 1 million trees, 98 years before it became a federal holiday in 1970 under President Nixon; and
WHEREAS, the benefits of a healthy urban forest include improved air quality, storm water filtration, and a reduction in carbon dioxide, crime, energy consumption, heat island effect, and ozone formation; and
WHEREAS, the City of Richmond is committed to urban reforestation, takes great pride in its beautification projects; and is requesting recertification as a Tree City USA by the National Arbor Day Foundation; and
WHEREAS the City of Richmond expresses its sincere appreciation to the Public Works Department’s Parks and Landscaping Maintenance Division, Urban Forestry Committee, and Groundwork Richmond which assist in improving the quality of life for all residents through the efforts and dedication of its members and the community; and WHEREAS, on Saturday, October 19, 2024, from 9:00 a.m. to 12:00 p.m., the Parks and Landscaping Maintenance Division, Groundwork Richmond, and the Urban Forestry Advisory Commission will collaborate on a tree-planting project at South Side Park, located at 361 South Street, Richmond, CA.
NOW, THEREFORE, I, Mayor Eduardo Martinez, and the Richmond City Council does hereby declare October 19, 2024, as Arbor Day in the City of Richmond and urges residents to participate in Arbor Day by planting, nurturing, and celebrating trees 381
October 15, 2024
Mayor's Office
DATE: October 15, 2024
TO: Members of the City Council
FROM:
Mayor Martinez
Subject:
Proclamation Declaring October 18, 2024 as RYSE-ING
leaders day in the City of Richmond
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The mayor is sponsoring a proclamation in recognition of RYSE Center in Richmond and declaring October 18,
2024 as RYSE-ing Leaders Day in Richmond.
RECOMMENDED ACTION:
PROCLAMATION recognizing October 18, 2024, as
RYSE-ING Leaders Day in Richmond - Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
In October of 2008 the RYSE Center was established in Richmond as a non-profit youth services facility with the goal of providing an inclusive and active platform for young people to thrive as leaders in their communities. Since then, the Center has served countless Richmond and West County Youth and has been widely recognized for their championing of social and political issues surrounding the school-aged population and their families.
The RYSE Youth Center engages young people, ages 13-21, in programs, services and AGENDA
REPORT
382
October 15, 2024
recreational activities grounded in social justice. Core program areas include:
• Media Arts and Culture: visual arts, performing arts, music, and video production.
• Education and Justice: career readiness workshops, job application assistance, college prep, scholarship support, know your rights workshops, and fun & educational field trips.
• Youth Organizing and Leadership: political education workshops and activities, social justice tours and fieldtrips.
• Community Health and Wellness: individual counseling, gender groups; LGBTQ support group, anger management, dance & fitness and much more.
RYSE-ing Leaders Day is a recognition of the many accomplished youth who have stepped forward to raise their voices and share the perspectives and culture.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
383
Mayor Eduardo Martinez
City of Richmond
October 15, 2024
RYSE-ing Leaders Day 2024
WHEREAS, for the past 16 years, the RYSE Center has served thousands of young people in Richmond and across West Contra Costa County; and WHEREAS, the RYSE Center promotes justice and disrupts injustice in our communities by advancing youth leadership around issues of education, health, civic participation, arts, cultural expression, and building community; and WHEREAS, the supporters and staff at RYSE have fostered imagination, creativity, and innovation in young people who are valued as creative, powerful, and responsible community leaders; and
WHEREAS, through many gatherings and events, the RYSE Center has advocated for building community and safety so all young people feel comfortable and confident being themselves while broadening their horizons; and WHEREAS, the RYSE Center embraces mutual trust and partnership among youth and adults to promote learning from one another and making decisions together; and
WHEREAS, the RYSE Center has fun and celebrates the beauty of children, youth, and families in Richmond and West Contra Costa County; and WHEREAS, the lived experiences of young people of color are central to our collective liberation and a core element of the RYSE Center’s efforts to lead with love on cultural work and racial equity;
NOW, THEREFORE, I, Mayor Eduardo Martinez, and the Richmond City Council do hereby declare October 18, 2024, as RYSE-ing Leaders Day in the City of Richmond
384
October 15, 2024
Police Department
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Bisa French, Chief of Police
Subject:
Approve a purchase of ballistic shields from LC Action
Police Supply.
FINANCIAL IMPACT: The estimated expenditure of $47,718.42 will be fully paid for by the Police Department’s Justice Assistance
Grant (JAG) 2022 Grant allocation – account string
10691021-400603-19002.
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
Police Department staff requests the Richmond City
Council approval to purchase ballistic shields from LC
Action Police Supply for the Police Department’s Patrol Division using JAG 2022 Grant funds.
RECOMMENDED ACTION:
APPROVE a purchase from LC Action Police Supply for
ballistic shields for the Police Department’s Patrol
Division staff in an amount not to exceed $47,718.42 –
Police Department (Chief Bisa French 510-621-1802).
AGENDA
REPORT
385
October 15, 2024
DISCUSSION:
Police Department staff endeavors to maintain the industry standard for ballistic shields utilized by the Patrol Division in order to reduce injury to the public and police officers during incidents involving gun violence. These ballistic shields would be placed in all patrol supervisors’ vehicles and would be readily available for deployment by patrol officers should any incident involving gun violence require the use of a ballistic shield to facilitate the preservation of life.
From June 2024 – July 2024, the Police Department issued a request for quotes for ballistic safety equipment from tactical safety equipment providers. Three prospective vendors LC Action Police Supply, Hardwire LLC, and Galls were contacted, and the three perspective vendors submitted purchase quotations of $47,718.42; $59,802.78; and $48,182.59, respectively.
Following staff’s review of the purchase quotes received, LC Action Police Supply was selected as it was determined to have provided the lowest purchase quote.
Additionally, staff confirmed that LC Action Police Supply has the items in stock and is prepared to deliver the items in a timely manner.
Police Department staff will utilize grant funds allocated by the 2022 Edward Byrne Justice Assistance Grant to complete this purchase; no General Fund money will be used. The Edward Byrne Justice Assistance Grant was awarded to the Contra Costa Sheriff’s Office who sub awards grant funding to the Richmond, Antioch, and Concord Police Departments. The grant funds are federally awarded and are to be used to supplement Police Department purchases including the purchases of equipment used for officer safety. The Justice Assistance Grant 2022 totals $80,619, and has a usable term from October 1, 2022, through September 30, 2025.
DOCUMENTS ATTACHED:
Attachment 1 – LC Action Police Supply Quote
Attachment 2 – Hardwire LLC Quote
Attachment 3 – Galls Quote
386
1088 N FIRST STREET
SAN JOSE CA 95112 Date Sep-10-2024
TEL: 408 294-2677 • FAX 408 294-6444
EMAIL: [email protected]
STATE OF CA SBE CERTIFICATION # 1017260
CUST#
QTY. PRICE TOTAL
10 4347.92 43479.20
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
$43,479.20
Notes: 9.750%
4239.22
0.00 $47,718.42
LC ACTION POLICE SUPPLY
SUBTOTAL
SALES RATE %
SALES TAX
SHIPPING
TERMS
60-90 DAYS ARO Stacy Moore
F.O.B.
Ship To:
QUOTED BY
TOTAL
EST. DELIVERY
Protech # 1360859 Hardwire® Level III Standard Tactical Shield with Viewport 20X30 - POLICE
DESCRIPTION
Net 45
To:
SGT. NATHAN LONSO
RICHMOND POLICE DEPT
P# 510-965-4915
EM: [email protected]
QUOTATION
387
1947 Clarke Avenue
Pocomoke, MD 21851 USA
(410) 957-3669 Fax (410) 957-3424
www.hardwirellc.com
September 4, 2024
Quote#09042024-RPD-1
To: Erica Hellmold
Richmond Police Department
[email protected]
Via email
Subject: Quotation for Hardwire Tactical Shields
Hardwire is pleased to provide the following quotation for our Tactical Shields. Per your request the pricing below is for Qty (10) Level 3 Tactical Shields with Viewport. Hardwire is pleased to offer free shipping in support of your procurement.
Item # Part # Ballistic Protection Description Unit Price Quantity Total Price 001 007-007-1310 NIJ Level 3 20" x 30" Hardwire Standard Hard Coat Tactical Shield with Viewport 5,449.00$ 10 54,490.00$
Notes:
• The standard printed “POLICE” graphic will be provided on all shields. • The shields are 20 inches x 30 inches in size
o Level 3 with viewport weighs 25.2 lbs.
• Level 3 Ballistic protection per National Institute of Justice standards. • Hardwire provides its 10-year limited warranty for shields.
Freight
• Hardwire is pleased to offer free shipping in support of your procurement.
Terms & Conditions:
• This quotation is valid for 90 days from date of this letter. • Payment terms to be prepaid or Net 30 days upon Hardwire approval. • Pricing FOB Hardwire’s location in Pocomoke City, Maryland. • This pricing is confidential and not to be shared with any third parties without Hardwire’s express written permission.
• Hardwire’s Standard Conditions of Sale to be included in any order.
If you have any questions, please let us know. Thank you very much for the opportunity.
Best Regards,
JP Lacey
Business and Pricing Manager
Hardwire, LLC
388
ATTACHMENT 1 - CONDITIONS OF SALE
1. Unless otherwise indicated on the face of this Agreement, title, liability for and risk of loss to Product sold hereunder (the "Product") pass to Buyer upon loading for shipment at Seller’s producing location.
2. Seller warrants only to Buyer that the Product delivered hereunder meets Seller's standard specifications for the Product as in effect on the date of shipment or such other specifications as may have been expressly agreed to herein. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6 HEREOF, SEL LER MAKES NO
EXPRESS OR IMPLIED WARRANTY (INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR TRADE USAGE) REGARDING THE PRODUCT . Buyer, having the expertise and knowledge in the intended use of the Product and any articles made therefrom, assumes all risk and liability for results obtained by the u se of the Product, whether used alone or in combination with other materials.
3. Failure to give notice of claim within ninety (90) days from date of delivery, or the date fixed for delivery (in case of non-delivery), shall constitute a waiver by Buyer of all claims in respect of the Product so delivered or not delivered, as the case may be. No Product shall be returned to S eller without Seller's prior written permission, and then only in the manner prescribed by Seller. No claim shall be allowed for Product that has been processed in any manner. Claims include claims of any kind, including without limitation those (a) for loss, damage, expense or injury, (b) with respect to the Product deli vered or for non -delivery of the Product, or (c) based upon Seller's (i) breach of warranty, contract, statute, or regulation or (ii) negligence, strict liability or any other tort.
4. BUYER'S EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM SHALL BE A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE
PRODUCT IN RESPECT OF WHICH DAMAGES ARE CLAIMED, AND IN NO EVENT SHALL SELLER'S LIABILITY FOR ANY CLAIM BE GREATER THAN THAT AMOUNT.
5. NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR ANY OTHER LOSS), WHETHER OR NOT CAUSED BY OR
RESULTING FROM THE BREACH OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL ACT OR OMISSION OF SUCH PARTY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Seller warrants that the use or sale of the Product delivered hereunder will not infringe the claims of any validly issued United States patent covering the Product itself, but does not warrant against infringement due to: (a) the use of Products in combination with other products or mater ials or in the operation of any process, or (b) the compliance by Seller with any specifications provided to the Seller by Buyer.
7. No liability shall result from delay in performance or non -performance, directly or indirectly caused by circumstances beyond the control of the Party affected, including, but not limited to Act of God, fire, explosion, flood, war, act of or authorized by any government, accident, labo r trouble or shortage, equipment failure, inability to obtain from its usual sources of supply fuel, power, material, equipment or transportation or commercial impract icability. Quantities so affected may be eliminated from this Agreement without liability, but this Agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the Products specified herein to enable Seller to perform this Agreement.
8. It is understood and agreed between Buyer and Seller that if this Agreement covers Products that must be manufactured espe cially for Buyer and is suspended or terminated for any reason, Buyer will take delivery of and make payment for such Products as have been completed and such Pro ducts as are in process on the date notice of suspension or termination is received by Seller. If Buyer for any reason cannot accept delivery of such Products, B uyer will make payment therefore as though delivery has been made and Seller will store such Products for Buyer's account and at Buyer's expense.
9. If for any reason, including without limitation, Force Majeure, Seller is unable to supply the total demand for Products s pecified herein, Seller may distribute its available supply among any or all purchasers as well as business units, including affiliates and subsidiaries, of Seller on s uch basis as Seller may deem fair and practical without liability for any failure of performance that may result therefrom. Seller shall have no obligation to purc hase Product to enable Seller to supply Buyer under this Agreement.
10. At Buyer's request, Seller may, at its option, furnish such technical information as Seller has available with respect to the use of the Products covered by this Agreement. Unless otherwise agreed in writing, all such technical assistance and information will be provided gratis, and Bu yer assumes sole responsibility for results obtained in reliance thereon.
11. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the Products and their properties. Buyer will forward such information to Buyer's employees and any others, including Buyer's customers, who may handle, process or sell such Products a nd advise such parties to familiarize themselves with such information.
12. Buyer acknowledges that the Product was produced using Seller’s proprietary information including information related to cutting, forming, and manufacturing processes and that the Buyer shall not duplicate or attempt to duplicate any of Seller’s protected processes.
13. Buyer shall reimburse Seller for all taxes, licenses, or other charges, by whatever name, (other than taxes based upon Se ller's income) which Seller may be required to pay to any Government (National, Foreign, State or Local) upon the sale, production, or transportation of the Pro ducts sold hereunder.
14. In the event Buyer fails to fulfill Seller's terms of payment completely, or in case Seller shall have any doubt at any t ime as to Buyer's financial responsibility, Seller, without advance notice and at Seller's sole option, may decline to make further deliveries, except upon payment of al l arrearages and receipt of cash in advance or delivery of security satisfactory to Seller. In the event that Buyer fails to fulfill Seller's terms of payment c ompletely and Seller must initiate collection activities to secure payment, Buyer shall pay all of Seller’s reasonable costs and attorneys’ fees associated with such activ ities.
15. This Agreement is not assignable or transferable by Buyer, in whole or in part, except with the prior written consent of Seller.
16. Failure by either Party to require performance by the other Party or to claim a breach of any provision of this Agreement shall not be construed as a waiver of any right arising under this Agreement, including the right to require subsequent performance or contest any subsequent breach.
17. If any term or provision of this Agreement shall be found to be invalid, illegal or unenforceable, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. Seller and Buyer shall promptly agree upon a substitute for any such term or provision .
18. This Agreement is to be construed and the respective rights of Buyer and Seller are to be determined according to the law s of the State of Delaware, U.S.A., without regard to choice of law or conflicts principles of Delaware or any other jurisdiction, and the courts of Delaware sha ll have exclusive jurisdiction over any disputes or issues arising under this Agreement. The United Nations Convention on Contracts for the International Sale of Goo ds shall not govern this Agreement or the performance thereof or any aspect of any dispute arising therefrom.
19. This Agreement contains all of the terms and conditions with respect to the purchase and sale of the Products sold hereun der. These terms and conditions supersede any of previous date and no modification thereof shall be binding on Seller unless separately contracted in writing and agreed to by a duly authorized representative of Seller. No modification shall be effected by the acknowledgment or acceptance of purchase order forms stip ulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after receipt of this Agreement by Buyer, Buyer s hall be deemed to have accepted the terms and conditions hereof and, in the absence of such notification, Buyer's acceptance of the Products shall be equivalent to Buy er's assent to the terms and conditions hereof.
389
Quote
LineItem Description Qty Retail Your
Price Ext Total
Customer: (1001691893) RICHMOND POLICE DEPARTMENT Page 1 of 1 Date: 09/10/2024 Quote Number: 27486786 Sales Rep: CUSTOMER EXPERIENCE Quote Expiration: 10/10/2024 Sold To: Ship To:
RICHMOND POLICE DEPT RICHMOND POLICE DEPT 1701 REGATTA BLVD 1701 REGATTA BLVD RICHMOND, CA 94804 RICHMOND, CA 94804
ERICA HELLMOLD ERICA HELLMOLD 2 BP3719 BELLATOR III 20 x 30 SHIELD W/VP PANEL 1 4,359.99 4,359.99
ASSEMBLY NO LT
3 TE1840 WHT POL 3X10 SHIELD ID PANEL 1 12.00 12.00 Quote is valid for 30 days SUBTOTAL: 4,371.99 SHIPPING: 20.00
Galls is required to collect sales tax on shipments to certain states. Sales tax will TAX.....: 426.27 be added where applicable. For tax exempt customers, state laws require us to have TOTAL...: 4,818.26 signed tax exemption or resale certificates on file at our office. If you are tax exempt, please email or fax this information, (including your Galls account number) to [email protected] or fax 859-268-5946.
Export Restrictions - This may contain commodities restricted in the United States International Trade Regulations.
1340 Russell Cave Rd
Lexington, KY 40505
Tel: 800-876-4242 Fax:877-914-2557
390
Galls, LLC Invoice Credit Terms and Conditions of Sale
Payment - Invoices for items delivered pursuant to any sales order are payable only in United States currency. You, your business, and/or your agency (the "Buyer") understand that Galls, LLC (the "Seller") may impose and charge a finance charge that is the greater of 1.5% per month or the highest rate allowed by law on any amount which becomes past due and delinquent. Returned checks may be assessed a $25.00 service fee. Additionally, Buyer shall be responsible for all collection costs, court costs, and reasonable attorney's fees in connection with the recovery of delinquent amounts.
All sales are made pursuant to these Credit Terms and Conditions of Sale, and Seller objects to any different or additional terms or conditions contained in Buyer's purchase order or any other document submitted by Seller. Payments may be applied against open balances at the sole discretion of Seller and may be applied across accounts if Buyer has more than one account with Seller. Credit memos are non-refundable and may be applied to open invoices at Seller's sole discretion.
Credit Terms - Any extension of credit is based upon all amounts payable on or before the due date on any written, quoted, or agreed terms, and shall be paid in accordance with such terms. If not paid on or before such date, accounts shall be considered delinquent and subject to the additional finance charges as set forth herein.
Buyer agrees to provide Seller, upon request, with an updated credit application as a condition to the continued extension of credit. Buyer acknowledges and agrees that Seller may utilize outside credit reporting services and financial institutions to obtain information on the Buyer as a condition precedent to or for continued extension of credit. Seller may terminate any credit availability within its sole discretion and without prior notice. Buyer's continued solvency is a precondition to any sale made by Seller.
Delays - Where a specific shipping date is not designated on the face hereof or in a subsequent writing signed by the Seller, the Seller shall not be responsible for any delays, nor shall Seller be liable for any loss or damages resulting from such delays.
Seller shall not be liable for any delays in filling this order caused by accidents to machinery, differences with employees, strikes, labor shortage, fire, floods, priorities requested or required by an instrumentality of the United States Government or the government of any state, delays in transportation, restrictions imposed by any federal, state or municipal law or regulation, whether valid or invalid, or causes beyond the control of the Seller.
Warranty - Seller shall pass through to Buyer all manufacturer warranties and return policies applicable to Buyer's order. Seller shall take all reasonable actions to ensure that Buyer receives the benefit of such pass through warranties and return policies.
Buyer's sole remedies for any goods sold hereunder shall be as provided in such warranties and return policies and shall be solely against the applicable manufacturer.
SELLER, ON BEHALF OF ITSELF, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO SUCH GOODS.
Restocking - If a cancellation of an order or a return by Buyer is accepted or initiated by Seller and/or the manufacturer, it may be subject to a restocking charge at the discretion of Seller.
Delivery and Transportation - Products sold herein are sold FOB at the place indicated on the face of this sales order unless otherwise agreed to in writing by Seller and Buyer.
The method and agency of transportation and the routing will be designated by the Seller.
In the event the Buyer requests alternative shipment or routing, all extra packing, shipping and transportation charges thereby resulting will be for the Buyer's account.
Waiver - No provision herein shall be deemed a waiver by reason of any previous waiver, and no breach of any provision shall be deemed a waiver by reason of any previous breach.
Governing Law - The sole jurisdiction and venue shall be the courts of the Commonwealth of Kentucky.
Export Restrictions - This transaction may contain commodities restricted in the United States International Trade Regulations. If at a later date the Buyer decides these commodities will be exported from the United States please reference the United States Department of Commerce Bureau of Industry and Security Export Administration Regulations (15 CFR 730-774), the United States Department of State International Traffic in Arms Regulations (22 CFR 120-130) as well as any other applicable laws. These laws apply to private, commercial, and government agency export transactions. As an exporter, the Buyer will be responsible for compliance with all U.S. laws relating to the export of these items.
*Designates this item is on the Galls GSA Contract (47QSWA21D008H) all other items are OPEN MARKET.
391
October 15, 2024
Finance Department
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Shasa Curl, City Manager
LaShonda White, Deputy City Manager
Nickie Mastay, Deputy City Manager
Andrea Miller, Director of Finance
Daniel Chavarria, Public Works Director
Mubeen Qader, Deputy Director of Finance
SUBJECT:
ARPA Update and Allocation Amendment
FINANCIAL IMPACT: American Rescue Plan Act (ARPA) Funding Update and Funding Reallocations
PREVIOUS COUNCIL
ACTION:
December 5, 2023, April 16, 2024
STATEMENT OF THE
ISSUE:
City staff is providing an update and funding reallocation of American Rescue Plan Act (ARPA).
RECOMMENDED ACTION:
RECEIVE an update regarding the American Rescue
Plan Act (ARPA); and ADOPT a resolution to reallocate
funding between ARPA and General Capital Fund;
APPROVE the first amendment with Witt O’ Brien’s
contract for ARPA Technical Assistance, removing
Exhibit E - Special Conditions from the contract and
increasing the not to exceed amount by $273,800 –
Finance Department/City Manager’s Office (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).
AGENDA
REPORT
392
October 15, 2024
DISCUSSION:
The City of Richmond received $27.7 million as part of the $350 billion American Rescue Plan Act of 2021 (ARPA) relief package signed into law on March 11, 2021, for state and local governments. The City Council has allocated the entire $27.7 million to several programs and projects at the following City Council meetings: December 5, 2023 (agenda item P.1), March 19, 2024 (agenda item O.5.c), and April 16, 2024 (agenda item w.1).
There is significant guidance on requirements and limitations on the usage of ARPA funds. One such requirement is that all ARPA funds must be obligated by December 31, 2024, and spent by December 31, 2026. This staff report provides a status update on the ARPA funded projects and proposes funding source amendments for the projects that are not expected to be obligated by December 31, 2024.
Status Overview of ARPA Projects
Figure 1: ARPA FUNDS Obligated vs. Unobligated
As of August 31, 2024, out of a total $27.7 million ARPA allocations, 47 percent or $13.0 million has been expended or obligated with 53 percent or $14.7 million remaining unobligated.
Expended/Obligated
47%
Unobligated
53%
ARPA FUNDS
393
October 15, 2024
Table 1: Status Overview of ARPA Projects as of August 2024 Project Allocation Expended
/Obligated Unobligated Status
Blue/Green New Deal & Just
Transition
300,000 300,000 - Complete
Community Needs
Assessment
250,000 215,642 34,358 Complete
Ferry Point Dornan Pump
Station
731,848 731,848 - Complete
MLK Park Turf Field 150,000 150,000 - Complete
Nevin Community Center -
HVAC Improvements
10,250 10,250 - Complete
Nevin Plaza Housing Project 1,750,000 1,750,000 - Complete Recreation Center
Administration - HVAC
Improvements
25,025 25,025 - Complete
Unhoused Flex Funds 50,000 50,000 - Complete
ADA Misc. Sidewalk
Rehabilitation Project
2,360,094 2,341,473 18,622 In Progress
ARPA Technical Assistance 150,000 150,000 - In Progress Booker T. Anderson
Community Center - HVAC
Improvements
500,000 410,121 89,879 In Progress
Infrastructure: Booker T
Anderson Center
1,000,000 499,912 500,088 In Progress
Library Infrastructure Grant
Match
2,258,113 1,960,747 297,366 In Progress
Nystrom Village 2,000,000 59,235 1,940,765 In Progress
Richmond Rapid Response
Fund (Direct Rent Relief
Disbursements)
1,000,000 700,000 300,000 In Progress
Small Business Support 1,250,000 652,137 597,863 In Progress Soccer
Fields/Restrooms/Parks
7,703,008 589,038 7,113,970 In Progress
Tenant Protection & Rental
Assistance
1,984,233 950,000 1,034,233 In Progress
Youthworks 1,200,000 387,971 812,029 In Progress
North Richmond Pump Station 1,068,152 1,068,152 - In Progress
Art Initiative 250,000 - 250,000 Not-Started*
Community Beautification
(13Th Street Complete Streets
Project)
1,000,000 - 1,000,000 Not-Started
Infrastructure: Stormwater 750,000 - 750,000 Not-Started
Allocations Total (Council-
Approved)
27,740,723 13,001,551 14,739,172
*Art Initiative was presented to City Council on October 1 for approval and to reallocate to General Capital Fund.
Status - Complete
The projects listed below in Table 2: ARPA Funds – Complete Projects as of August 2024, are complete and have fully expended the allocated ARPA funds. The remaining unobligated $34,357 is available and proposed to be reallocated. 394
October 15, 2024
Table 2: ARPA Funds - Complete Projects as of August 2024 Project Allocation Expended
/Obligated Unobligated Status
Blue/Green New Deal & Just Transition 300,000 300,000 - Complete Community Needs Assessment 250,000 215,643 34,357 Complete* Ferry Point Dornan Pump Station 731,848 731,848 - Complete MLK Park Turf Field 150,000 150,000 - Complete
Nevin Community Center - HVAC
Improvements 10,250 10,250 - Complete
Nevin Plaza Housing Project 1,750,000 1,750,000 - Complete Recreation Center Administration - HVAC
Improvements 25,025 25,025 - Complete
Unhoused Flex Funds 50,000 50,000 - Complete
Total 3,267,123 3,232,766 34,357
*Project is completed May 2023 under budget, and remaining funds are proposed to be reallocated.
Status – In Progress
Table 3: ARPA Funds – In Progress Projects as of August 2024, lists the projects that are currently in progress. ARPA Technical Support (Witt O’Brien’s contract) and North Richmond Pump Station projects are fully expended or obligated. Given the strict guidelines of ARPA funds and required monitoring, City staff is requesting to increase the Witt O’Brien’s Technical Assistance contract scope and its term through December 2027. The new term will allow the City to have assistance available through the ARPA funding close out period (after the funds are expended). Other projects listed in the Table 3 remain partially unobligated with plans to have these funds obligated by December 31, 2024.
Table 3: ARPA Funds - In Progress Projects as of August 2024 Project Allocation Expended
/Obligated Unobligated Status In Progress
ADA Misc. Sidewalk
Rehabilitation Project 2,360,094 2,341,473 18,622 Purchase order is pending, completed by November 15
ARPA Technical Assistance 150,000 150,000 - Funds are fully encumbered Booker T. Anderson Community
Center - HVAC Improvements 500,000 410,121 89,879
Propose reallocating $70,179
of the unobligated funds to
Paving, $19,700 additional
POs pending*
Infrastructure: Booker T
Anderson Center 1,000,000 499,912 500,088
Propose reallocating $251,427
of the unobligated funds to
Paving, $248,661 additional
POs pending*
Library Infrastructure Grant Match 2,258,113 1,960,747 297,366 Propose reallocating $214,807
of the funds to General Capital
Fund, PO for $82,190 will be
completed by November 15,
2024*
Nystrom Village 2,000,000 59,235 1,940,765
Developer Selection –
November 2024, Contract by
February 2025
395
October 15, 2024
Richmond Rapid Response Fund
(Direct Rent Relief
Disbursements)
1,000,000 700,000 300,000 Agenda item on October 15,
2024
Small Business Support 1,250,000 652,137 597,863 Propose reallocating $597,863 from General Capital Fund*
Soccer Fields/Restrooms/Parks 7,703,008 589,038 7,113,970 MLK Restroom - bids by
approximately October 14,
2024, and can award before
December 31, 2024, and
completed by Spring 2025.
Wendell Park - bids by
approximately November 21,
2024, to be awarded before
December 31, 2024, complete
by Summer/Fall 2025.
Shields-Reid Park - Drawings
will be completed and
submitted for permitting the
week of October 14, 2024,
contract/procurement before
December 31, 2024,
Construction substantially
completed by Summer/Fall of
2025.
Tenant Protection & Rental
Assistance 1,984,233 950,000 1,034,233 Agenda item on October 15, 2024
Youthworks 1,200,000 387,971 812,029 City program serving 295 participants ages 16-24.
North Richmond Pump Station 1,068,152 1,068,152 - Project substantially complete Allocations Total
(Council-Approved)
22,473,600 9,768,786 12,704,814
*Funding reallocation proposed
Soccer Fields/Restrooms/Parks Status Update $7,703,008
The Soccer Fields/Restrooms/Parks project has several components that focuses on Martin Luther King Park, Wendell Park, and Sheilds-Reid Park which are in the planning phase. It is anticipated that these funds will be obligated before December 31, 2024.
Construction documents are currently being developed.
Below is a brief update on each of the proposed park projects:
Martin Luther King, Jr. Park Restroom – City staff received a bid to renovate the existing restroom on May 31, 2024, from CXT Structures, the original manufacturer of the of the Martin Luther King, Jr. Park restroom. City staff received input during our meetings that the restroom structure needed to be replaced not just renovated for safety reasons. City staff will receive pricing from two vendors for full replacement of the restroom using Sourcewell, an ARPA approved, federally procured cooperative purchasing contract. City staff will receive pricing to reorient and replace the structure rather than renovated it from CXT Structures and Romtec Restrooms. City staff will receive bids by October 14, 2024, and can direct award to the selected contractor before 396
October 15, 2024
December 31, 2024, for completion by Spring 2025. The expected budget is $550,000 - $600,000.
Wendell Park – The project consists of renovation of the natural grass softball and multipurpose play field, including upgraded irrigation with a booster pump, new fencing, softball backstop, dugouts, spectator seating, and the addition of a single-stall restroom.
If funding is available, City staff will replace the existing play structure and safety surfacing and add picnic tables and new concrete seating area. Additional lighting will not be installed due to conflicts with high voltage PG&E utility lines along the public frontage. Permit sets will be submitted to the City the week of October 14, 2024. The project will be bid on October 24, 2024, with bids received by November 21, 2024, to be awarded before December 31, 2024. Construction will be completed Summer-Fall 2025.
The expected budget is $2.0 million - $2.2 million.
Shields-Reid Park – The project consists of installation of high mast field lighting, new perimeter fencing, a new multi-sport scoreboard, and either renovated natural grass or artificial turf softball/baseball and soccer field. Permit sets will be submitted to the City the week of October 14, 2024. The project will be completed through a combination of change order with the Prop 68 project contractor on site and Sourcewell procurement for the lighting and artificial turf. Contract change order negotiations and Sourcewell procurement will be completed before December 31, 2024. Construction will be completed Summer-Fall 2025. The expected budget is $4.0 million - $4.4 million.
Status – Not Started
Table 4: ARPA Funds – Not-Started Projects as of August 2024, lists projects that are not anticipated to start by the December 31, 2024 obligation deadline. The Art Initiative and Community Beautification projects are moving slower than anticipated. As a result, staff recommends these funds be exchanged with the Paving funds that are appropriated in the City’s General Capital Fund. This will allow the City to expend ARPA funds by the deadline and complete the Arts Corridor and subsequent Art related recommendations that are forthcoming. Community Beautification (13th Street Complete Streets Project) is a federally funded project requiring coordination between multiple agencies. The project is currently in the plan, specification and estimate phase, and not anticipated to be obligated prior to the December 31, 2024, deadline.
Stormwater funds are anticipated to be obligated with a City Council action item planned for November 19, 2024.
397
October 15, 2024
Table 4: ARPA Funds - Not - Started Projects as of August 2024 Project Allocation Expended
/Obligated Unobligated Status-Not Started
Art Initiative 250,000 - 250,000
The project is recommended
to be reallocated to General
Capital Fund*
Community Beautification
(13Th Street Complete Streets Project) 1,000,000 - 1,000,000 The project is recommended
to be reallocated to General
Capital Fund*
Infrastructure: Stormwater 750,000 - 750,000 Agenda Item on November 19, 2024, City Council meeting
Total 2,000,000 - 2,000,000
*Funding reallocation proposed. Please note: Art Initiative item presented to City Council October 1 to reallocate to General Capital Fund.
Proposed ARPA Allocation Amendments
Staff recommends the following adjustments to the ARPA allocations:
Community Needs Assessment – reduction of $34,357, the project has been completed and all invoices have been paid.
Library Infrastructure Grant Match – reallocation of $214,807 from ARPA to General Capital Fund.
Booker T. Anderson: HVAC Improvement – reduction of $70,179, the scope of the contract is expected to be completed under the allocated the amount. Infrastructure: Booker T. Anderson – Reduction of $251,427, the scope of the contract is expected to have been completed under the allocated amount. Art Initiative - reallocation of $250,000 from ARPA to General Capital Fund, the project is not anticipated to be obligated by the ARPA funds December 31, 2024, deadline for obligations.
Community Beautification (13th Street Complete Streets Project) – reallocation of $1,000,000 from ARPA to General Capital Fund, the project requires coordination with multiple agencies and could potentially miss the ARPA funds December 31, 2024 deadline for obligations.
ARPA Technical Assistance – additional allocation of $273,800, a contract amendment number 1 for the consulting services with Witt O’ Brien’s Consulting is also proposed for approval. The consulting services are crucial to the City to assure compliance with the ARPA guidelines.
Paving – total ARPA allocation of $2,144,833, of which $2,062,670 is a reallocation from the General Capital Fund.
398
October 15, 2024
Table 5: ARPA and General Capital Appropriations Amendments Project
Current
ARPA
Unobligated
Proposed
ARPA
Proposed
General
Capital
Comments
Community Needs Assessment 34,357 (34,357) - Project Completed ARPA Technical Assistance - 273,800 - Additional Technical Assistance Needed
Library Infrastructure Grant Match 297,366 (214,807) 214,807 Propose reallocating project to General Capital
Booker T Anderson Center: HVAC 89,879 (70,179) -
Infrastructure: Booker T Anderson
Center 500,088 (251,427) -
Art Initiative 250,000 (250,000) 250,000 Propose reallocating Art Initiative to General Capital funds
Community Beautification
(13Th Street Complete Streets
Project)
1,000,000 (1,000,000) 1,000,000 Propose reallocating the project to General Capital funds
Small Business Support 597,863 (597,863) 597,863 Propose reallocating the project to General Capital funds
Paving - 2,144,833 (2,062,670) Propose reallocating to from General Capital to ARPA
Net - -
Next Steps
Staff will provide the City Council ongoing updates regarding ARPA funded programs and projects. City staff in consultation with ARPA Technical Assistance consultant, Witt O’ Brien’s are working together to create Intra-Agency Agreements between the departments to obligate the ARPA funds by December 31, 2024.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Witt O’ Brien’s Contract Amendment
Attachment 3 – Witt O’ Brien’s Original Contract
399
RESOLUTION NO. ________
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
AMENDING APPROPRIATIONS IN AMERICAN RESCUE PLAN ACT (ARPA),
GENERAL CAPITAL, AND GENERAL FUNDS
WHEREAS, the City of Richmond has received an allocation of $27,740,723 from the American Rescue Plan Act (ARPA); and
WHEREAS, the City Council has appropriated $27,740,723 of ARPA funds; and
WHEREAS, the ARPA funds must be fully obligated by December 31, 2024; and
WHEREAS, Several ARPA funded projects are moving slower than anticipated due to unavoidable reasons, and ARPA appropriations need to be amended to expedite the funds obligation by December 31, 2024; and
WHEREAS, City’s Paving program is funded in the General Capital Fund and is ready to obligate funds; and
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Richmond, California hereby adopts the resolution to amend appropriations in the ARPA, General Capital, and the General Fund as following:
Table 1:Allocation Amendments between ARPA and General Capital Funds
Current
ARPA
Unobligated
Proposed
ARPA
Proposed
General
Capital
Comments
Community Needs Assessment 34,357 (34,357) Reduce Allocation Library Infrastructure Grant Match 297,366 (214,807) 214,807 Reallocate Funding Booker T. Anderson: HVAC 89,879 (70,179)
Infrastructure: Booker T Anderson
Center 500,088 (251,427) Reallocate Funding
Art Initiative 250,000 (250,000) 250,000 Reallocate Funding Community Beautification
(13Th Street Complete Streets Project) 1,000,000 (1,000,000) 1,000,000 Reallocate Funding Small Business Support 597,863 (597,863) 597,863 Reallocate Funding ARPA Technical Assistance 273,800 Increase Allocation Paving 2,144,833 (2,062,670) Reallocate Funding
Total - -
400
Table 2: General Fund Allocation Amendment
General Fund
Transfer In from General Capital Fund (847,863)
Art Initiative 250,000
Small Business Support 597,863
Net -
Table 3: Revised ARPA Allocations
Project Allocation Amendment Revised Allocation
Blue/Green New Deal & Just
Transition
300,000 300,000
Community Needs Assessment 250,000 (34,358) 215,642 Ferry Point Dornan Pump Station 731,848 731,848 MLK Park Turf Field 150,000 150,000 Nevin Community Center - HVAC
Improvements
10,250 10,250
Nevin Plaza Housing Project 1,750,000 1,750,000 Recreation Center Administration -
HVAC Improvements
25,025 25,025
Unhoused Flex Funds 50,000 50,000 ADA Misc. Sidewalk Rehabilitation
Project
2,360,094 2,360,094
ARPA Technical Assistance 150,000 273,800 423,800 Booker T. Anderson Community
Center - HVAC Improvements
500,000 (70,179) 429,821
Infrastructure: Booker T Anderson
Center
1,000,000 (251,427) 748,573
Library Infrastructure Grant Match 2,258,113 (214,807) 2,043,306 Nystrom Village 2,000,000 2,000,000 Richmond Rapid Response Fund
(Direct Rent Relief Disbursements)
1,000,000 1,000,000
Small Business Support 1,250,000 (597,863) 652,137 Soccer Fields/Restrooms/Parks 7,703,008 7,703,008 Tenant Protection & Rental
Assistance
1,984,233 1,984,233
Youthworks 1,200,000 1,200,000
North Richmond Pump Station 1,068,152 1,068,152 Art Initiative 250,000 (250,000) - Community Beautification (13Th
Street Complete Streets Project)
1,000,000 (1,000,000) -
Infrastructure: Stormwater 750,000 750,000 Paving 2,144,834 2,144,834
Allocations Total
(Council-Approved) $ 27,740,723 $ - $ 27,740,723
**********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held October 15, 2024, by the following vote:
AYES:
NOES:
401
ABSTENTIONS:
ABSENT:
______________________________
City Clerk of the City of Richmond
(SEAL)
Approved:
__________________________________
Mayor
Approved as to form:
___________________________________
City Attorney
402
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, Pa yment Limit and Service Plan
Pay ment 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 w
ith 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 conditio
ns of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
Attachment 2: Witt O' Brien's Contract Amendment 1
403
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.
404
Contact Amendment
Instruction Sheet
For Contract Amendment # 1 select one of the following Contract Amendment Provision forms based on one of the following conditions (if this is the 2nd or subsequent amendment to an existing contract, an Amendment History page is required outlining the details of all subsequent amendments in addition to ONE of the amendment provisions pages listed below).
1. Term, Payment Limit and Service Plan (increases both the term and the dollar limit of the contract and may modify the service plan of the original contract to include additional tasks and/or services in relation to the existing contract (if applicable)
2. Payment Limit and Service Plan (increases the dollar limit of the contract, but does not extend the term of the contract and may modify the service plan of the original contract to include additional tasks and/or services in relation to the existing contract (if applicable)
3. Term and Service Plan (extends the term of the contract, but does not increase the dollar amount of the contract and may modify the service plan of the original contract to include additional tasks and/or services in relation to the existing contract (if applicable)
4. Service Plan (modifies the service plan of the original contract to include additional tasks and/or services in relation to the existing contract)
5. Amendment History (if this is the 2nd or subsequent amendment to an existing contract, an Amendment History page is required outlining the details of all subsequent amendments in addition to ONE of the amendment provisions pages listed above (one of items 1-4)
If you need to make any other changes to the contract, you should consider executing a new City of Richmond Standard Contract.
Again, only ONE of the following Amendment Provisions pages and an Amendment History page (if this is the 2nd or subsequent amendment) should be used and attached to this Contract Amendment.
405
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)
1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”
3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
Contract Amendment/EJ/TE 9-26-07
406
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ ________________for a payment limit not to exceed $ _________________________.
Term Amendment (insert new termination date):________________________
Service Plan
407
City of Richmond, CA
ARPA Technical Assistance Amended Proposal
1 wittobriens.com
City of Richmond, California –
Technical Assistance related to
the City’s American Rescue Plan
Act Funding (ARPA)
408
City of Richmond, CA
ARPA Technical Assistance Amended Proposal
2 wittobriens.com
COVER PAGE
Proposal in Response to:
City of Richmond, CA – Technical Assistance related to the City’s America Rescue Plan Act (ARPA) Funding (Contract dated March 22, 2023 – June 30, 2025)
Submitted to:
Mubeen Qader, CPFO, Deputy Director of Finance, City of Richmond, [email protected]
Prime Vendor:
Witt O’Brien’s, LLC
818 Town & Country Blvd.
Suite 200, Houston, TX 77024
(281) 320-9796 | www.wittobriens.com
Contact for Proposal Correspondence:
If you have any questions about our proposal or require additional information about our services or company, please contact Michelle Little at [email protected] and Matthew Hanson at [email protected] with a copy to [email protected].
Submittal Date:
August 29, 2024
Submittal Deadline:
December 31, 2024
Witt O’Brien’s reserves the right to negotiate terms and conditions applicable to any final Agreement and, if selected, will negotiate in good faith to enter into a mutually agreeable formal written Agreement.
409
City of Richmond, CA
ARPA Technical Assistance Amended Proposal
3 wittobriens.com
Witt O’Brien’s is pleased to submit an amended quote to continue supporting your work for Technical Assistance related to the City’s America Rescue Plan Act (ARPA) Funding.
As noted below, we are prepared to continue supporting the City of Richmond’s ARPA Program through June 2027, as outlined below and originally stated in our Contract.
The Amended Service Plan for the City of Richmond – Technical Assistance related to ARPA is outlined below:
• Continue support beginning December 2024 – June 2027
o WOB will continue to actively work with City of Richmond to adhere to Treasury’s obligation deadline of December 31, 2024 and expenditure deadline of December 31, 2026.
o WOB will support the City of Richmond through June 2027, once all funds have been expended, and any closeout, audit, or other support services are needed. • Eligibility and Procurement support increased
o WOB will continue and increase support for Richmond by drafting eligibility memorandums, drafting/updating Intra Agency Agreements, supporting procurement efforts, including contractor and subrecipient agreements in compliance with ARPA. This includes completion of subrecipient v. contractor determinations, Sam.gov debarment review, etc.
• Record Retention support
o WOB will continue to support the overall document collect and retention effort and maintain the system of record. This includes collecting documentation for each program or project – including but not limited to contracts, agreements, policies and procedures, SOPs, invoices, etc.
• Monitoring and Closeout support increased
o Monitoring support will include risk assessment development and monitoring, as well as follow up to clear/resolve any issues found
▪ WOB will monitor each program, at least once, and provide a detailed overview of scope of work, methodology, summary of findings, best practices, and any issues noted and steps for resolution.
o Closeout support will include development of a Closeout Plan and process ▪ WOB will prepare a Closeout Plan, process, and tools associated with this effort and will review each program or project prior to closeout. • Quarterly Reporting support increased
o WOB will continue to support in the Quarterly Reporting effort to Treasury for all required quarters and reconciliation as needed.
• Increase training and technical assistance, including on-site support as needed o WOB will continue to provide and increase efforts for training and technical assistance. • Audit preparation and other support services as needed o WOB will provide support in order to help prepare for and respond to audits as needed.
410
City of Richmond, CA
ARPA Technical Assistance Amended Proposal
4 wittobriens.com
The Estimated Level of Effort for the 23 ARPA funded programs and projects as of August 2024 is as follows:
411
City of Richmond, CA
ARPA Technical Assistance Amended Proposal
5 wittobriens.com
The following tables present the FTEs required during the period of performance (December 2024 – June 2027) followed by the table identifying the work and the labor category(s) providing the support.
For this effort, Witt O’Brien’s will continue to use the Rates found in the current Contract.
The total NTE for this effort will be $273,800 and work will be completed by June, 2027, unless a new mutually agreed upon date is determined.
Should additional support and resources be needed, Witt O’Brien’s and the City of Richmond will work collaboratively to update this proposal.
DECEMBER 2024 – JUNE 2027:
FTEs Rate Labor Category Work Area
1 $286 Project Manager Oversee project and
coordination with City of
Richmond; provide technical
assistance, training, audit
support services, etc. to
support overall ARPA
compliance.
[Use as
needed]
$225 Management Consultant V [Assist in overall ARPA
compliance support and
mobilize resource as
needed]
[Use as
needed]
$175 Management Consultant IV [Assist in overall ARPA
compliance support and
mobilize resource as
needed]
1 $150 Management Consultant III Perform monitoring,
closeout, and reporting
support services. Also,
provide technical assistance
and training as needed for
ARPA compliance.
1 $125 Management Consultant II Perform eligibility and procurement support
services. Also, provide
technical assistance and
training as needed for ARPA
compliance.
[Use as
needed]
$95 Management Consultant I [Assist in overall ARPA
compliance support and
mobilize resource as
needed]
412
City of Richmond, CA
ARPA Technical Assistance Amended Proposal
6 wittobriens.com
GRANT SOLUTIONS
Activity Description Schedule/Due Date
City of Richmond – Technical
Assistance related to ARPA
Compliance
Project Manager,
Management Consultant III,
and Management
Consultant II
▪ Continue support beginning
December 2024 – June 2027
▪ Eligibility and Procurement support
increased
▪ Record retention support
▪ Monitoring and Closeout support
increased
o Monitoring support will include
risk assessment and
monitoring, as well as follow
up to clear/resolve issues
found
o Closeout support will include
development of a Closeout
Plan and process
▪ Quarterly Reporting support
increased
▪ Increase training and technical
assistance, including on-site support
as needed
▪ Audit preparation and other support
services as needed
Due June, 2027
413
___ 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.
414
___ 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.
415
___ 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.
416
City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 57 417
03/20/2024
Valent Group, LLC
3500 Blue Lake Drive, Ste. 120
Birmingham AL 35243
Seth Stone
(205) 262-2700 (205) 262-2701
[email protected]
Witt O'Brien's, LLC
and others per attached
818 Town & Country Blvd, Suite 200
Houston TX 77024
Steadfast Insurance Company 26387
Zurich American Ins Co 16535
23-24 COI
A
Professional Liability (see attached)
Pollution Liability (see attached) Y Y GPL8713651-01 08/11/2023 08/11/2024 2,000,000
100,000
5,000
2,000,000
4,000,000
4,000,000
B Y Y BAP8713644-02 08/11/2023 08/11/2024
1,000,000
A
0 Y Y SXS8598576-01 08/11/2023 08/11/2024
10,000,000
10,000,000
B N Y WC 8713648-01 08/11/2023 08/11/2024
1,000,000
1,000,000
1,000,000
Certificate Holder is listed as Additional Insured as respects General Liability, Auto Liability and Excess Liability policies as required by written contract and/or agreement. Waiver of Subrogation applies in favor of the Certificate Holder as respects General Liability, Auto Liability, Excess Liability and Workers Compensation as required by written contract and/or agreement.
City of Richmond
Purchasing Division
450 Civic Center Plaza
Richmond CA 94804
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY
(Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
418
O'Brien's Response Management, LLC
Witt O'Brien's USVI, LLC
Witt O'Brien's Payroll Management, LLC
Witt O'Brien's PR, LLC
Additional Named Insured
Additional Named Insured
Additional Named Insured
Additional Named Insured
Additional Named Insureds
Other Named Insureds
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC
419
Witt O'Brien's, LLC
Valent Group, LLC
25 Certificate of Liability Insurance: Notes
Additional Coverage Information:
General Liability policy includes the following:
Professional Liability - Claims Made
Each Claim Limit: $2,000,000
Policy Aggregate: $4,000,000
Contractor's Pollution Liability - Occurrence
Each Claim Limit: $2,000,000
Policy Aggregate: $4,000,000
Transportation of Materials by Carrier (Auto, Aircraft, Vessel, Rolling Stock) Endorsement applies as follows:
Transportation Each Incident: $1,000,000
Transportation Aggregate: $1,000,000
Auto Liability includes the following endorsements:
MCS 90
CA9948 - Pollution Liability - Broadened Coverages for Covered Autos Workers Comp policy referenced includes the following endorsements:
Longshore and Harbors Workers Compensation Act Coverage Endorsement Alternate Employer Endorsement (blanket if required by written contract and/or agreement) Maritime Employers Liability Endorsement
Excess Liability provides coverage over the General Liability, Professional Liability, Pollution Liability, Auto Liability and Employer's Liability coverage.
Excess Liability follows terms and conditions of the underlying policies to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions of the Excess Liability policy referenced.
Cyber Liability
Insurers C:
Arch Specialty Ins Co NAIC #: 21199 30% quota share
Ascot Specialty Ins Co NAIC #: 45055 20% quota share
Allianz Underwriters Ins Co NAIC #: 36420 20% quota share Fortega Specialty Ins Co NAIC #: 16823 30% quota share
Policy Term: 11/1/2023-11/1/2024
Policy #: C-4LPX-246642-CYBER-2023
Limits:
Network and Information Liability: $2,000,000
Regulatory Defense and Penalty: $2,000,000
Multimedia Content Liability: $2,000,000
PCI Fines and Assessments: $2,000,000
Breach Response: $2,000,000
Crisis Management and Public Relations: $2,000,000
Cyber Extortion: $2,000,000
Business Interruption and Extra Expenses: $2,000,000
Digital Asset Restoration: $2,000,000
Funds Transfer Fraud: $250,000
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
420
U-CA-424-H CW (10/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Coverage Extension Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. BAP-8713644-02 Effective Date: 08/11/2023
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured
1. The following is added to the Who Is An Insured Provision in Section II – Covered Autos Liability Coverage:
The following are also "insureds":
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any “employee” of yours is also an “insured” while operating an “auto” hired or rented under a contract or agreement in an “employee’s” name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.
2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:
Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form.
B. Amendment – Supplementary Payments
Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following:
(2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
C. Fellow Employee Coverage
The Fellow Employee Exclusion contained in Section II – Covered Autos Liability Coverage does not apply. 421
U-CA-424-H CW (10/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
D. Driver Safety Program Liability and Physical Damage Coverage
1. The following is added to the Racing Exclusion in Section II – Covered Autos Liability Coverage:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.
2. The following is added to Paragraph 2. in B. Exclusions of Section III – Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV – Physical Damage Coverage of the Motor Carrier Coverage Form:
This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations.
E. Lease or Loan Gap Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Lease Or Loan Gap Coverage
In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any:
(1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and
(5) Carry-over balances from previous leases or loans.
F. Towing and Labor
Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:
We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement.
As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes.
G. Extended Glass Coverage
The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section:
If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced.
H. Hired Auto Physical Damage – Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following:
Loss Of Use Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto";
422
U-CA-424-H CW (10/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
(2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".
However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000.
I. Personal Effects Coverage
The following is added to the Coverage Provision of the Physical Damage Coverage Section:
Personal Effects Coverage
a. We will pay up to $750 for "loss" to personal effects which are:
(1) Personal property owned by an "insured"; and
(2) In or on a covered "auto".
b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of:
(1) The reasonable cost to replace; or
(2) The actual cash value.
c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto".
No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following:
(1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value.
(2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones.
(3) Paintings, statuary and other works of art.
(4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment.
Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".
J. Tapes, Records and Discs Coverage
1. The Exclusion in Paragraph B.4.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply.
2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section:
We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:
(a) Are the property of an "insured"; and
(b) Are in a covered "auto" at the time of "loss".
The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss".
K. Airbag Coverage
The Exclusion in Paragraph B.3.a. of Section III – Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV – Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag.
L. Two or More Deductibles
The following is added to the Deductible Provision of the Physical Damage Coverage Section:
423
U-CA-424-H CW (10/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis:
1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or
2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible.
M. Temporary Substitute Autos – Physical Damage
1. The following is added to Section I – Covered Autos:
Temporary Substitute Autos – Physical Damage
If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage:
Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its:
1. Breakdown;
2. Repair;
3. Servicing;
4. "Loss"; or
5. Destruction.
2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:
Temporary Substitute Autos – Physical Damage
We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party.
The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces.
N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:
a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy.
Include, as soon as practicable:
(1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured’s" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you.
O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
424
U-CA-424-H CW (10/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract.
P. Employee Hired Autos – Physical Damage
Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance – Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following:
For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official’s duties as respect their obligations to you.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".
Q. Unintentional Failure to Disclose Hazards
The following is added to the Concealment, Misrepresentation Or Fraud Condition:
However, we will not deny coverage under this Coverage Form if you unintentionally:
(1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information.
You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy.
R. Hired Auto – World Wide Coverage
Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following:
(5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined
The definition of "bodily injury" in the Definitions Section is replaced by the following:
"Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.
T. Expected Or Intended Injury
The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II – Covered Auto Liability Coverage is replaced by the following:
Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
U. Physical Damage – Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III – Physical Damage Coverage is replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". 425
U-CA-424-H CW (10/21)
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:
In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement.
To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.
W. Return of Stolen Automobile
The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section:
If a covered “auto” is stolen and recovered, we will pay the cost of transport to return the “auto” to you. We will pay only for those covered “autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage.
All other terms, conditions, provisions and exclusions of this policy remain the same. 426
WC124 (4-84) Page 1 of 1
WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform Forms TM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF
SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT
PERSON AND/OR ORGANIZATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement 08/11/2023 Effective Policy No. WC 8713648 - 01 Endorsement No.
Insured Ambipar Holding USA, Inc Premium $
Insurance Company Zurich American Insurance Company Countersigned by
427
STF-ESP-101-F CW (04/13)
Additional Insured-Automatic-Owners, Lessees Or
Contractors
Coverage Part One-Commercial General Liability
Coverage Part Two-Contractor's Pollution Liability
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l Prem. Return Prem.
GPL 8713651-
01 08/11/2023 08/11/2024 08/11/2023 23175000 …… ……
Named Insured and Mailing Address: Producer:
AMBIPAR HOLDING USA INC
818 Town & Country Blvd Suite 200
Houston, TX 77024
SYNAPSE SERVICES LLC
198 W HIGH ST
SOMERVILLE, NJ 08876-1862
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .
This endorsement modifies insurance provided under the following:
Environmental Services Package Policy
[x] COVERAGE PART ONE-COMMERCIAL GENERAL LIABILITY
[x] COVERAGE PART TWO-CONTRACTOR'S POLLUTION LIABILITY
1. Who is an Insured (Section I.) in the COMMON COVERAGE PROVISIONS is amended to include as an additional insured any person(s) or organization(s) whom you are required to add as an additional insured on this policy under a written contract or written agreement.
2. The insurance provided to the additional insured person(s) or organization(s) applies only to:
a. "Bodily injury”, “property damage” or "personal and advertising injury" under COVERAGE PART ONE-
COMMERCIAL GENERAL LIABILITY, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf; and resulting directly from:
(a) Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or
(b) “Your work” completed as included in the "products-completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement; and/or b. "Claims" arising out of a "pollution event" under COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY, caused, in whole or in part, by:
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf , and resulting directly from:
(a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or
428
STF-ESP-101-F CW (04/13)
(b) "Completed operations" of the "covered operations" performed for the additional insured, which is the subject of the written contract or written agreement.
3. However, regardless of the provisions of paragraphs 1. and 2. above, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the written contract or written agreement to provide to such additional insured.
4. With respect to the insurance afforded to the additional insured under this endorsement, the following is added to Section III – Limits Of Insurance and Deductible:
The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations
5. The insurance provided to the additional insured person or organization does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including:
(1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any architectural, engineering or surveying services.
6. The additional insured must see to it that:
a. We are notified as soon as practicable of an "occurrence", offense or “pollution event”, as applicable, that may result in a claim;
b. We receive written notice of a claim or "suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory.
7. For the coverage provided by this endorsement:
a. The following paragraph is added to Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS:
Primary and Noncontributory Insurance
This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this endorsement provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. b. The following paragraph is added to Paragraph 8.b. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS:
This insurance is excess over:
429
STF-ESP-101-F CW (04/13)
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis.
8. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
430
STF-ESP-248-A CW (04/10)
Waiver of Transfer of Rights of Recovery Against
Others – Blanket as Required by Contract
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add’l Prem. Return Prem.
GPL 8713651-01 08/11/2023 08/11/2024 08/11/2023 23175000 …… …… Named Insured and Mailing Address: Producer:
AMBIPAR HOLDING USA INC
818 Town & Country Blvd Suite 200
Houston, TX 77024
SYNAPSE SERVICES LLC
198 W HIGH ST
SOMERVILLE, NJ 08876-1862
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
Environmental Services Package Policy
[x] COVERAGE PART ONE – COMMERCIAL GENERAL LIABILITY
[x] COVERAGE PART TWO – CONTRACTOR’S POLLUTION LIABILITY [x] COVERAGE PART THREE - PROFESSIONAL LIABILITY
In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to all the terms, exclusions and conditions that with respect to the coverage parts indicated above Conditions (Section V.) of the COMMON COVERAGE PROVISIONS, Condition 14.
Subrogation is amended by the addition of the following:
We waive any right of recovery we may have against any person or organization whom you are required to waive your right of subrogation by a written contract or written agreement executed and effective prior to the performance of your services which is the subject of such written contract or written agreement.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
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CITY OF RICHMOND
STANDARD CONTRACT
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: Witt OBrien's LLC
818 Town & Country Blvd,Street Address:
City, State, Zip Code: Houston, TX 77024
Contact Person: Matt Hansen
Telephone: (832) 590-0312 Email: [email protected] 12/31/20234006-4632 Business License No: / Expiration Date:
A California [ ] corporation, [X ] 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 March 22, 2023 and it terminates June 30, 2025 unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ 150,000 . 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.
[]
Department: City Manager's Office Project Manager: LaShonda White Project Manager E-mail:
[email protected]
Project Manager Phone No:
(510) 620-6512
PR No: Vendor No: 16006 P.O./Contract No: 6554
Description of Services:
Provide as-needed technical assistance related to the City's American Rescue Plan Act (ARPA) expenditures, reporting, monitoring, and other ARPA-related items.
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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
a municipal corporation
CONTRACTOR:
Witt OBrien's LLC
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract
has been approved by City Council.
Title:
Date Signed:
By:
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
By:
By: Title:
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
Payment Provisions
Authorized Representatives and Notices
General Conditions
Special Conditions
Insurance Provisions
Standard Contract/EJ/TE 9-26-07
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Director of Contracts & Compliance
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 For the Contract between the City of
Richmond and
Witt OBrien's LLC
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
See attached.
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SERVICE PLAN
Contractor will provide as‐needed technical assistance services to the City for ARPA program reporting and monitoring, and project/program design and implementation. The tasks include but are not limited to:
Program Reporting and Monitoring
• Provide expertise to augment City staff’s capabilities to ensure compliance with applicable laws and grant requirements while maximizing the recovery and beneficial uses of ARPA funding for the Richmond community.
Develop processes and documentation requirements around sub-recipient risk assessment, monitoring, and management, including training of sub-recipients on grant requirements Provide follow-up support for documentation and data needs during the City’s Single-Audit proceedings to ensure access to necessary items and reports. Provide situational context and information if called upon during Single-Audit proceedings.
Assist in calculating and/or confirming revenue loss per ARPA requirements.
Cross reference all program material with ARPA guidance and regulations, including but not limited to the Interim Final Rule and the Compliance and Reporting Guidance released by the U.S. Treasury.
Work with appointed City Counsel to ensure legal compliance regarding the use and implementation of funds.
Update City staff on the impact of any forthcoming guidance, laws, or regulations that may impact the creation or operation of the programs in the ARPA Grant Plan.
Coordinate with City staff to complete all federal financial, performance and compliance reports including but not limited to the annual Recovery Plan Performance Report and quarterly Project and Expenditure Reports.
Coordinate with staff and sub-recipients to endure the City has all of the information required:
•
•
•
•
•
•
•
•
o
o
o
Manage, track and monitor all sub-recipients for compliance Coordinate with City staff and sub-recipients to ensure all reporting is current Report to City on subrecipients that are out of compliance Program/Project Design and Implementation
• Lead in the construction of programmatic spending plans that align with the City’s goals, comply with all published ARPA compliance guidance, and efficiently further the economic interests of Richmond businesses.
Lead in the management of the established programs to facilitate the efficient distribution of ARPA funds.
Provide direct customer service, assistance, and support to local businesses and organizations that apply for and/or receive funding through one or more of the City’s programmatic spending opportunities.
Establish an application system or process, collect applications, review applications, verify record authenticity, ensure compliance, and manage executed grant agreements. •
•
•
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RATE SHEET
Any technical assistance support will likely be supported by a Management Consultant I through Management Consultant V rate depending on the project scope. Any project / program implementation would utilize a mix of labor categories as outlined in our initial proposal pricing. The mix of staff support and hours would be determined in advance based on the scope of work identified.
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Professional Services Rate Sheet
818 Town & Country Blvd, Suite 200
Houston TX 77024
T: +1 281 320 9796
F: +1 281 320 9700 wittobriens.com
LABOR CATEGORY RATE / HR
Project Executive $400
Senior Project Manager $340
Project Manager $286
Deputy Project Manager $227
Executive Advisor II $400
Executive Advisor I $330
Federal Assistance Subject Matter Expert III $340
Federal Assistance Subject Matter Expert II $249
Federal Assistance Subject Matter Expert I $170
Management Consultant V $225
Management Consultant IV $175
Management Consultant III $150
Management Consultant II $120
Management Consultant I $95
Data Analyst III $150
Data Analyst II $130
Data Analyst I $95
Financial Analyst III $190
Financial Analyst II $150
Financial Analyst I $120
Administrative Support Specialist III $141
Administrative Support Specialist II $117
Administrative Support Specialist I $95
Eligibility Review Manager II $175
Eligibility Review Manager I $135
Eligibility Review Specialist III $125
Eligibility Review Specialist II $95
Eligibility Review Specialist I $75
Contact & Customer Service Manager II $175
Contact & Customer Service Manager I $135
Contact & Customer Service Specialist III $65
Contact & Customer Service Specialist II $55
Contact & Customer Service Specialist I $45
Technology Technical Senior Advisor $325
Technology Technical Architect $250
Technology Technical Lead $250
Technology Technical Developer III $200
Technology Technical Developer II $180
Technology Technical Developer I $155
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 For the Contract between the City of
Richmond and
Witt OBrien's LLC
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: LaShonda White Department: City Manager's Office PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contractor shall be subject to the approval of the LaShonda White City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
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Richmond and
Witt OBrien's LLC
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 or via email. 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:
LaShonda White
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Matt Hanson [email protected] with copy to [email protected] Witt OBrien's LLC
818 Town & Country Blvd,
Houston, TX 77024
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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, 1 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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 and Contract Amendment, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 3 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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 by Contract Amendment. 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 during the period of advertising for bids, and Contractor shall issue 4 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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 and shall give Contract five (5) days to cure default. 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 so long as the sum of such amounts does not exceed the amount due the Contractor. 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 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 claims, suits, or actions, brought forth on account of injuries to or death of any person or damage to property directly 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 employed by, or acting as, the agent for Contractor in the performance of this Contract.
(b) 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 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. The obligation to defend extends through final judgment, including exhaustion of any appeals.
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(c) 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.
(d) 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.
This indemnification clause is not intended to convert a claim based solely upon a breach of contract theory into a tort claim.
In no event shall either party be liable for any exemplary, punitive, incidental, special, indirect or consequential damages of any kind, including, without limitation, any loss of profits or revenue, loss of use of property or equipment and business interruption losses, regardless of the cause of such damages, including, without limitation, any negligence (whether active, passive, sole, concurrent or gross), breach of duty (whether statutory, contractual or otherwise) or any other fault of eit her party or any other person or entity, and regardless of whether the claim is based in contract, tort, strict liability or otherwise.
Notwithstanding any contrary provision in this contract, Contractor’s liability for any and all claims arising out of or in connection with the contract or the services shall not exceed, in the aggregate, two times the fees actually paid by County to Contractor within the twelve (12) months preceding the event giving rise to the claim under this agreement. Such limitation of liability shall apply even if the liability asserted is based on negligence (whether active, passive, sole, concurrent or gross), breach of duty (whether statutory, contractual or otherwise) or any other fault of Contractor or any other person or entity, and regardless of whether the claim is based in contract, tort, strict liability or otherwise; provided, however, for the avoidance of doubt, that such limitation of liability shall not apply if the liability asserted is based on fraud or willful misconduct.
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 7 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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 8 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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 9 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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.
10 of 13 General Conditions/EJ/TE 01-19-11
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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 11 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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 directly connected to 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. 12 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 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. 13 of 13 General Conditions/EJ/TE 01-19-11
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 For the Contract between the City of
Richmond and
Witt OBrien's LLC
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
Refer to Witt O'Brien City of Richmond Contract Exceptions DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 Remove this Section
453
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 I. EXCEPTIONS TO THIS REQUEST FOR PROPOSALS
City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 35 Section Exception
Standard
Contract,
Exhibit D, 6.
Services
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 and Contract Amendment 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. 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.
Standard
Contract,
Exhibit D, 8.
Changes and
Extra Work
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 by Contract Amendment. 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.
Standard
Contract,
Exhibit D. 9.
Additional
Assistance
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 during the period of advertising for bids, and Contractor shall issue 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.
Standard
Contract,
Exhibit D. 13.
Termination in
the Event of
Default
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 and shall give Contractor five (5) days to cure default.
Contractor shall be compensated as provided in Section 12 of these
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454
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 36 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.
Standard
Contract,
Exhibit D. 15.
Indemnification
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 reasonable 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 that directly occurs from the Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, or its failure to comply with any current or prospective law, except that said indemnity shall not be applicable to injury, death or damage to property arising from the negligence or willful misconduct of City, their officers, agents, or servants.
Notwithstanding the foregoing, in the event a particular design, process or product of a particular manufacturer is specified by City in writing, City shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement directly occurring from Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.
If Contractor is subject to a claim of patent or copyright infringement, then Contractor hereby agrees to provide City prompt notice of any such claim, and to permit City to assume and control the defense of such action, with counsel selected by City. Contractor shall not enter into any settlement of any such claim without City's prior written consent, which shall not be unreasonably withheld.
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 Remove this Section 455
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 37 This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined therein).
In no event shall either party be liable for any exemplary, punitive, incidental, special, indirect or consequential damages of any kind, including, without limitation, any loss of profits or revenue, loss of use of property or equipment and business interruption losses, regardless of the cause of such damages, including, without limitation, any negligence (whether active, passive, so le, concurrent or gross), breach of duty (whether statutory, contractual or otherwise) or any other fault of either party or any other person or entity, and regardless of whether the claim is based in contract, tort, strict liability or otherwise.
Notwithstanding any contrary provision in this agreement, consultant's liability for any and all claims arising out of or in connection with the agreement or the services shall not exceed, in the aggregate, two times the fees actually paid by client to consultant within the twelve (12) months preceding the event giving rise to the claim under this agreement. Such limitation of liability shall apply even if the liability asserted is based on negligence (whether active, passive, sole, concurrent o r gross), breach of duty (whether statutory, contractual or otherwise) or any other fault of consultant or any other person or entity, and regardless of whether the claim is based in contract, tort, strict liability or otherwise; provided, however, for the avoidance of doubt, that such limitation of liability shall not apply if the liability asserted is based on fraud or willful misconduct.
Standard
Contract,
Exhibit D., 37
Waiver
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 for any failure to comply with any of the terms and conditions of this Contract.
Standard
Contract,
The DISTRICT shall have the right to terminate this Agreement at any time for cause or convenience by giving 30 days written notice to the CONSULTANT except for termination for convenience. Upon receipt of
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 City of Richmond – Consulting Services for Oversight and Compliance Related to American Rescue Plan Act Funds wittobriens.com 38 Exhibit D., 17
Termination
notice of termination for convenience, the CONSULTANT shall not commit itself to any further expenditure of time or resources. Upon receipt of notice of default, CONSULTANT shall be afforded thirty (30) days to correct the identified deficiency(ies). If said deficiency(ies) are not corrected to the DISTRICT’s satisfaction, the Agreement will be terminated immediately.
If the Agreement is terminated for any reason other than a default by CONSULTANT, the DISTRICT shall pay to CONSULTANT in
accordance with the provisions of Sections 9 and 10 all sums actually due and owing from DISTRICT for all services satisfactorily performed up to the day written notice of termination is given, plus any costs reasonably and necessarily incurred by CONSULTANT to effect such suspension or termination. If the Agreement is terminated for default, the DISTRICT shall remit final payment to CONSULTANT in an amount to cover only those services performed in full accordance with the terms and conditions of this Agreement up to the effective date of termination.
Sample Type 2
– Professional
Services
Contracts,
Insurance
Requirements
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 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.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work to the extent of liabilities assumed by the CONTRACTOR under this Contract.
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 Remove this Section
457
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 For the Contract between the City of
Richmond and
Witt OBrien's LLC
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.
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 458
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 Exhibit F
Section 8
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.
Type 2 – Page 1 of 3
Revised: September 2011
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.
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.)
City of Richmond - Insurance Requirements - Type 2:
Professional Services
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 459
DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 Exhibit F
Section 8
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.
Type 2 – Page 2 of 3
Revised: September 2011
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.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
City of Richmond - Insurance Requirements - Type 2:
Professional Services
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DocuSign Envelope ID: DA601FE8-ED51-4A5A-B658-43EBF475AFF3 Exhibit F
Section 8
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.
Type 2 – Page 3 of 3
Revised: September 2011
City of Richmond - Insurance Requirements - Type 2:
Professional Services
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