Richmond City Council
November 26, 2024

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, November 26, 2024, 4:30 p.m.

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

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

NOTICE: MASKS ARE STRONGLY ENCOURAGED!!

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Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.

HOW TO SUBMIT PUBLIC COMMENTS:

In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.

Open Session and City Council: Please click the link below to join the webinar:
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Passcode: ccmeeting

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592

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To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **

To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **

**The mayor will announce the agenda item number and open public comment when appropriate. 11-26-24 CC Mtg.
2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials 11-26-24 CC Mtg.
3 in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

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

Pages
11-26-24 CC Mtg.
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • City of Richmond v. Riggers Loft Wine Company
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Two cases
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 LIABILITY CLAIMS (Government Code Section 54956.9)
Government Code Section 54956.9
Claimant: Terminal One Development, LLC.•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 11-26-24 CC Mtg.
5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
M.1 Proclamation Honoring Commission on Aging on the 25th Anniversary of their Senior Winter Ball
11 PROCLAMATION Honoring the Commission on Aging on the occasion of the 25th Anniversary of its Senior Winter Ball to be held on December 14, 2024 – Councilmember Gayle McLaughlin (510-620-6636) and Mayor Eduardo Martinez (510-620-6503).

M.2 Proclamation recognizing December 1st as World AIDS Day 15 PROCLAMATION recognizing World AIDS Day, to honor the 700,000 Americans and 40 million lives lost worldwide to AIDS-related illnesses over the years - Councilmember Cesar Zepeda (510-620-6593).

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
O.1 City Attorney's Office
O.1.a New Legal Services Agreement with Goldfarb & Lipman LLP for pending land use litigation and related matters regarding Campus Bay
18 APPROVE a legal services agreement with Goldfarb & Lipman for an amount not to exceed $25,000 for a term from August 16, 2024, to June 30, 2026, for representation and counsel in pending land use litigation and related matters regarding Campus Bay – City Attorney’s Office (Kimberly Chin 510-620-6709/Shannon Moore 510-620-6505). 11-26-24 CC Mtg.
6 O.1.b Adopt ordinance containing procedures for issuing notice and receiving public comment for water, sewer, and related assessments under Proposition 218.
45 ADOPT an ordinance (second reading) adding Section 13.08.090 to the Richmond Municipal Code to establish clear procedures for the submittal and consideration of public comments regarding proposed water or sewer rates or assessments and for the exhaustion of administrative remedies of such assessments under Proposition 218 – City Attorney’s Office (Christopher Dykzeul/Dave Aleshire 510-620- 6509).

O.2 City Council
O.2.a To advocate for State legislation that enforces a minimum marriage age of 18 years old with no exceptions
52 ADOPT a resolution affirming the City of Richmond's commitment to ending child marriage by advocating for the California State Legislature to enact legislation that enforces a minimum marriage age of 18 with no exceptions - Councilmember Soheila Bana (510- 620-6743).

O.2.b City Council approval of Library Commission Bylaws 57 APPROVE the new bylaws of the Richmond Library Advisory Commission, already approved by the Commission on May 16, 2024 - Councilmember Gayle McLaughlin (510-620-6636).

O.2.c Agreement with Tiny Village Spirit 64
DIRECT City staff to work on an agreement with Tiny Village Spirit (TVS) to allocate $300,000 as a City contribution toward the Tiny House Village Farm and Garden Project to include $166,332 for operational start-up funds as well as $133,668 to be used in finalizing the construction of the Village, slated to open on July 1, 2025; DIRECT staff also to bring the agreement back to City Council for approval by February 4, 2025 – Vice Mayor Claudia Jimenez (510- 620-6565), Councilmembers Gayle McLaughlin (510-620-6636) and Doria Robinson (510-620-6568).

O.3 Community Development
O.3.a Appropriation of Grant Funds Related to EPA Brownfield Revolving Loan Funds
178
APPROPRIATE the remaining grant funds totaling $260,442.69 related to the EPA Brownfield Revolving Loan Fund to the Housing Budget to issue final payment of the funds allocated to Community Housing Development Corporation of North Richmond and
administrative program costs – Community Development Department (Lina Velasco/Charice Duckworth 510-412-2052).
11-26-24 CC Mtg.
7 O.4 Fire Department
O.4.a Richmond Fire Department Contract with Lexipol for Fire Industry Best Practices
194
APPROVE a sole-source contract with Lexipol in an amount not to exceed $40,000, for a three-year term effective November 27, 2024, through November 26, 2027, with a two, one-year extension option not to exceed an additional $20,000 for the extended term – Fire Department (Chief Aaron Osorio 510-307-8021/Den Mark Marcelo 510-307-8038).

O.5 Human Resources
O.5.a Contract Amendment with Century Group to Increase Payment Limit 230 APPROVE a contract amendment with the Century Group for recruitment and temporary staffing services to increase the payment limit by $50,000, for a new amount not to exceed $150,000 – Human Resources (Nickie Mastay/Sharrone Taylor 510-620-6602).

O.6 Library and Community Services
O.6.a Contract with Richmond Community Foundation for Fiscal Sponsorship of Neighborhood Council Events and Projects 264
APPROVE a grant-funded contract with Richmond Community Foundation for neighborhood engagement in an amount not to exceed $250,000, and for a term commencing December 1, 2024, and ending December 31, 2025 – Community Services Department (Stephanie Ny 510-620-6563/LaShonda White 510-620-6828).

O.7 Police Department
O.7.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

O.8 Public Works
O.8.a October 2024 Abatement Presentation 296
RECEIVE a presentation on the October 2024 Abatement activities – Public Works Department (Hugo Mendoza 231-3030 / Tawfic Halaby 620-5482 / Daniel Chavarria 620-5478).
11-26-24 CC Mtg.
8 O.8.b Stoel Rives, LLP Legal Services Contract for Baykeeper Settlement Agreement
316
APPROVE a legal services agreement with the law firm of Stoel Rives, LLP in an amount of $255,000 for three-years with two, one- year options to extend for the period of October 1, 2024, through October 31, 2027, to provide legal advice regarding the City’s court mandated compliance with the Baykeeper Settlement Agreement – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).

O.8.c Resolution to Award a Contract with Pinnacle Petroleum, Inc., for Bulk Fuel Delivery Services
468
ADOPT a resolution to award a three-year contract to Pinnacle Petroleum, Inc., the lowest responsive and responsible bidder, for bulk fuel delivery services, effective January 1, 2025, for a total amount not to exceed $4,500,000 over the three-years with two optional one-year extensions for a total amount of $1,500,000 per year – Public Works Department (Tawfic Halaby 510-620-
5482/Daniel Chavarria 510-620-5478).

O.8.d Resolution to Award Contracts for As-Needed Engineering, Design, Project Support Services to Five (5) Engineering Firms for Various City of Richmond Water Resource Recovery Division Projects 512
ADOPT a resolution authorizing service contracts with five engineering firms for as-needed engineering design, and project support services in an amount not to exceed $1,800,000 per firm, over a three-year period, from December 1, 2024, through November 30, 2027, with two optional one-year extension years, for a total amount not to exceed $1,200,000 per firm for the extension period – Public Works Department (Daniel Chavarria 620-5478 / Jeffrey Barich 412-2009).

P. BUDGET SESSION
P.1 Update on Capital Improvement Projects 629
RECEIVE an Update on Capital Improvement Projects – Public Works Department (Robert Armijo 510-620-5477/Daniel Chavarria 510-620-5478).

Q. STUDY AND ACTION SESSION
Q.1 Clinton Circle Park Revitalization Presentation 656 RECEIVE a presentation by Cosmo Martinez and Nancy Lewis of the Friends of the Circle on the proposed design and cost of improvements to the Clinton Hill Circle Park - Vice Mayor Claudia Jimenez (510-620-6565). 11-26-24 CC Mtg.
9 Q.2 Resolution Honoring the Task Force and Directing Actions to Address Gender- Based Violence and a Presentation from the Richmond Task Force to Eliminate Gender-Based Violence
683
RECEIVE a presentation from the Richmond Task Force to Eliminate Gender- Based Violence summarizing its impact with recommendations for addressing gender-based violence in Richmond; ADOPT a resolution recognizing November 25, 2024, as the International Day for the Elimination of Violence Against Women and the beginning of the 16 Days of Activism Against Gender- Based Violence; APPROPRIATE $6,000 from the General Fund balance for staffing and support; REQUEST the city manager designate a staff person to serve as the official liaison to the Richmond Task Force to Eliminate Gender- Based Violence, to attend all task force meetings and provide technical assistance, advice and support to the body, and to provide a follow-up report in approximately six-months’ time to seek the City Council’s support for specific recommendations, workplans, and actions to end gender-based violence in Richmond - Councilmember Soheila Bana (510-620-6743).

Q.3 Equitable Allocation of Funding and Mailing Services for All Neighborhoods 718 DIRECT staff to develop a framework for a program that allocates funding and city-supported mailing services to all neighborhoods, regardless of whether they have a recognized Neighborhood Council, Homeowners Association, or neither, to support community-building activities and neighborhood improvements – Councilmember Soheila Bana (510-620- 6473).

Q.4 Street Calming Measures 723
DIRECT staff to immediately evaluate traffic calming measures throughout the City, including along Canal Boulevard, to slow traffic down, and place mitigation measures in at least six locations City-wide to prevent drivers of vehicles from performing “donuts” at these intersections, no later than the end of January 2025 - Councilmember Cesar Zepeda (510-620-6593).

R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
S. ADJOURNMENT
________________________
11-26-24 CC Mtg.
10

November 26, 2024

City Council

DATE: December 3, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Gayle McLaughlin and
Mayor Eduardo Martinez

Subject:

Proclamation Honoring Commission on Aging on the 25th
Anniversary of their Senior Winter Ball
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

On December 14, 2024, the Commission on Aging is
holding their Annual Senior Winter Ball. This is the 25th Anniversary of this Winter Ball and this proclamation
honors, appreciates and congratulates them on this event and all their ongoing work.

RECOMMENDED ACTION:

PROCLAMATION Honoring the Commission on Aging on
the occasion of the 25th Anniversary of its Senior Winter Ball to be held on December 14, 2024 – Councilmember
Gayle McLaughlin (510-620-6636) and Mayor Eduardo
Martinez (510-620-6503).

DISCUSSION:

This year’s Senior Winter Ball, organized and sponsored by the Commission on Aging and Community Services – Recreation Division, is the 25th Anniversary of this event.

AGENDA
REPORT
11

November 26, 2024
The Senior Winter Ball is an amazing event and well-attended by our senior community.

All Councilmembers and the Mayor, as well as the public are invited to attend. Call 510- 620-6793 or email [email protected] for information and tickets.

This proclamation honors and appreciates the work of the Commission on Aging and is presenting this proclamation to them on this 25th anniversary of the Senior Ball.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

12 WHEREAS, on December 17, 1979, the City of Richmond adopted an ordinance which created the Commission on Aging; and

WHEREAS, the Richmond Commission on Aging is involved in countless activities for the well-being of our seniors such on issues of housing, health, leisure time, rehabilitation, transportation, education, employment, and social & volunteer services; and

WHEREAS, the Commission On Aging is one of the most active commissions in the City of Richmond, presenting and organizing several events every year with their signature event being the Annual Senior Winter Ball; and

WHEREAS, the Commission invites everyone to join them at this year’s 25th Annual Silver Anniversary of this Senior Winter Ball, which will take place on December 14, 2024, from 6pm to 10pm in the Richmond Memorial Auditorium; and

WHEREAS, this year’s Winter Ball pr omises to be an amazing extravaganza with dinner, music, dancing and warmhearted community engagement; and

WHEREAS, it is important to acknowledge the contributions older individuals have made in our communities and in the workplace to the economic well -being of our City through civic leadership and mentoring; and
WHEREAS, our expanding senior population profoundly impacts every facet of our lives, redefining our ideas of work, retirement and leisure, altering our housing and living arrangements, challenging our healthcare systems , reshaping our economy, and altering social and public policy; and
WHEREAS, the opportunit ies and challenges that await all members of our community require our continued commitment to the goal of ensuring that our seniors enjoy active, productive and healthy lives, and do so independently, safely and with dignity.

THEREFORE BE IT RESOLVED, that the City of Richmond celebrates the contributions of older Americans and rededicates our efforts to better serving their needs.

Honoring The Commission on Aging on the 25th Anniversary Senior Winter Ball 13 BE IT FURTHER RESOLVED, that members of the City Council and the public are encouraged to attend the Senior Winter Ball on Saturday, Dec. 14, 2024 at the Richmond Memorial Auditorium.

BE IT FINALLY RESOLVED , that the Richmond City Council expresses its deep appreciation for past and continuing outstanding contributions of the Commission on Aging to the community and the City of Richmond, and congratulates them on this momentous occasion of the 25th Annual Silver Anniversary of the Senior Winter Ball 2024.

______________________________
Mayor Eduardo Martinez
City of Richmond
December 3, 2024

______________________________
Council Member Gayle McLaughlin
City of Richmond
December 3, 2024
14

November 26, 2024

City Council

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

Councilmember Cesar Zepeda

Subject:

Proclamation recognizing December 1st as World AIDS
Day
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

World AIDS Day- November 28, 2023

STATEMENT OF THE
ISSUE:

World AIDS Day is a global movement to unite people in
the fight against HIV and AIDS. Since 1988, communities have stood together on World AIDS Day to show strength
and solidarity against HIV stigma and to remember lives lost. It is recognized and celebrated annually on December 1st.

RECOMMENDED ACTION:

PROCLAMATION recognizing World AIDS Day, to honor
the 700,000 Americans and 40 million lives lost
worldwide to AIDS-related illnesses over the years.

Councilmember Cesar Zepeda (510-620-6593).

AGENDA
REPORT
15

November 26, 2024
DISCUSSION:

The City of Richmond recognizes this annual event as it serves as a reminder of the global struggle to end HIV-related stigma, an opportunity to honor those we have lost, and a rallying cry to commit to working toward a day when HIV is no longer a public health threat.

The first World AIDS Day took place in 1988, providing a platform to raise awareness about HIV and AIDS and honor the lives affected by the epidemic. This year marks the 35th commemoration of this important day. Over the past 35 years, there has been significant progress in addressing HIV and AIDS thanks to advancements in medical research, increased access to treatment and prevention, and a broader understanding of the virus.

This year’s theme for World AIDS Day is “World AIDS Day 35: Remember and Commit.” Wearing a red ribbon is the universal symbol of awareness and support for people living with HIV. It was first devised in 1991, when twelve artists met to discuss a new project for Visual AIDS, a New York HIV-awareness arts organization.

It was there that they came up with what would become one of the most recognized symbols of the decade: the red ribbon, worn to signify awareness and support for people living with HIV. The artists wanted to create a visual expression of compassion for people living with HIV and chose red for its boldness, and for its symbolic associations with passion, the heart and love.

DOCUMENTS ATTACHED:

Attachment– Proclamation recognizing World AIDS Day

16 WHEREAS, on World AIDS Day, we recommit to ending the HIV epidemic in the United States and in our beloved city and rededicate ourselves to fighting the discrimination that often times keeps people with HIV from getting the services they need and living the full lives they deserve; and

WHEREAS, thanks to the incredible dedication of scientists, activists, health care workers, caregivers, and so many others, we have made enormous progress in preventing, detecting, and treating HIV; reducing case counts and AIDS -related deaths; and freeing millions of people to enjoy their long, and healthy lives; and

WHEREAS, we still have a hard road ahead of us, especially in addressing racial and gender gaps in our health systems, which have had long driven inequitable HIV outcomes in our country and abroad. Whereas but as of today we honor the 700,000 Americans and 40 million lives lost worldwide to AIDS -related illnesses over the years, while still having new hope in our hearts.

WHEREAS, we finally have the scientific understanding, treatments, and tools to build an AIDS -free future where everyone — no matter who they are, where they come from, or whom they love — can get the care and respect they deserve.

NOW, THEREFORE BE IT RESOLVED , on November 26th, 2024, the City of Richmond recognizes December 1st as World AIDS Day. The City of Richmond is committed to continuously advocating for the safety and support of all of our residents affected as well as their loved ones.

_____________________ _________________________ Mayor Eduardo Martinez Council Member Cesar Zepeda City of Richmond District 2 November 26, 2024

Recognizing December 1st as World AIDS Day

17 November 26, 2024
DocID #30801v1

City Attorney's Office

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

Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject:

New Legal Services Agreement with Goldfarb & Lipman
LLP for pending land use litigation and related matters regarding Campus Bay
FINANCIAL IMPACT: There is no fiscal impact to the General Fund. This legal services agreement will be paid from
funds deposited by the developer.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

A legal services agreement with Goldfarb & Lipman LLP
is needed to ensure that the City has appropriate legal representation and counsel in pending land use litigation and related matters regarding Campus Bay.

RECOMMENDED ACTION: APPROVE a legal services agreement with Goldfarb & Lipman for an amount not to exceed $25,000 for a term
from August 16, 2024, to June 30, 2026, for
representation and counsel in pending land use litigation and related matters regarding Campus Bay – City
Attorney’s Office (Kimberly Chin 510-620-6709/Shannon
Moore 510-620-6505).

DISCUSSION:

The City Attorney’s Office is requesting approval of a legal services agreement (LSA) with Goldfarb & Lipman LLP (Goldfarb) to provide legal advice and representation for AGENDA
REPORT
18 November 26, 2024
DocID #30801v1
pending land use litigation and related matters. Litigation was filed against the City by Richmond Shoreline Alliance and other entities under CEQA and land use and planning laws, challenging the City's approval of the Campus Bay Mixed Use Project (“Project”).

Goldfarb has been defending the City in this litigation. Continuing the working relationship with Goldfarb will provide stability in the litigation, and it would be detrimental to the City's interests to change law firms at this juncture. A recent Court ruling upheld the case on Appeal after the original 2021 LSA with Goldfarb expired on June 30, 2023 as no invoices had been produced since March 2023.

Attorney Celia Lee is the lead partner working on the Campus Bay matter at a rate of $365/hour. The developer for the Project is reimbursing the City for all attorney’s fees and costs.

The City Attorney’s Office is requesting that the City enter into a legal service agreement with Goldfarb & Lipman LLP for a total contract amount of $25,000, for a contract term of August 16, 2024, to June 30, 2026.

DOCUMENTS ATTACHED:

Attachment 1 – Legal Services Agreement with Goldfarb & Lipman LLP (proposed) Attachment 2 – After the Fact form
19 1
DocID #30584v1

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

GOLDFARB & LIPMAN LLP

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 16th of AUGUST, 2024 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principa l place of business located at 450 Civic Center Plaza, Richmond, California 94804 and GOLDFARB & LIPMAN LLP, comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 1300 Clay Street, 11th Floor, City Center Plaza, Oakland, CA 94612. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or t he “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and author izes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as -needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time 20 2
DocID #30584v1
to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

See “Scope of Work” in Exhibit A.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2026, unless the parties extend the Agreement in writing.

The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than CELIA LEE It is agreed by and between the Parties that should it be desira ble for any attorney other than CELIA LEE to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement.

Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney. Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which 21 3
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services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement.

Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this A greement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall prov ide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time . Please also attach any referenced filings to your status report.

12. TERMINATION.

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Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional C onduct of the State Bar of California; and provided, that in the e vent of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable.

Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or l ocal governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any ti me spent responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Specia l Counsel shall maintain and 23 5
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preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practi ces Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secr et or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

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Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City ha s retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.

Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.
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This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

GOLDFARB & LIPMAN LLP

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
Mayor

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

ATTEST:

__________________________
City Clerk
27 Exhibit A

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SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall advise and represent the City of Richmond, and its officers, agents, and employees on matters pretraining to the Campus Bay land use litigation matter as directed by the City Attorney.

Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:

Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

CELIA LEE $365/HOUR

COMPENSATION

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) for attorneys’ fees and reimbursements. 28 Exhibit B

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BILLING PROTOCOLS/GUIDELINES

The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

29 Exhibit B

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II. BILLING GUIDELINES

a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
30 Exhibit B

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j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Facsimile charges at the rate of $0.25 per page;
 Actual cost of long distance telephone calls;
 Transcription and reporter's fees; and
 Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
31 Exhibit B

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c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 32 Exhibit C

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PROJECT PLAN AND BUDGET

Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
 Anticipated total costs;
 The primary issues;
 The probability of success; and
 A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
 Pre-commencement (legal and factual research for the complaint or answer);  Pleadings;
 Preliminary motions;
 Initial discovery;
 Factual investigation of merits (interviewing clients, employees and third parties);
 Review and abstract City's documents;
 Expert (non-medical) investigation and reports;
 Medical experts and examinations;
 Legal research on merits;
 More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
 Settlement negotiations;
 Trial preparation; and
 Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
33 Exhibit C

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h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 34 Exhibit D

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California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at leas t quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandato ry case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability pic ture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests fo r additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 35 Exhibit D

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5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi -page deposition summary, but must, at a minimum, include a concise report of major events occurri ng at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liabil ity in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

36 Exhibit E

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LITIGATION GUIDELINES

The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

37 Exhibit F

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CITY OF RICHMOND
Sanctuary City Compliance Statement

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

38 Exhibit F

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Vendor SCCO Compliance Statement (July2024)
39 Exhibit G
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City of Richmond - Insurance Requirements - Type 2:

Professional Services
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.
40 Exhibit G
22 DocID #30584v1
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.
41 Exhibit G
23 DocID #30584v1

City of Richmond - Insurance Requirements - Type 2:

Professional Services

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

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. 42 Exhibit G
24 DocID #30584v1

City of Richmond - Insurance Requirements - Type 2:

Professional Services
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 Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
43 After-The-Fact Purchase Authorization Form
Please attach this form to the requisition
If you previously initiated a transaction that created an after-the-fact supplier invoice, it must be processed via the `After-the-Fact (ATF) Purchase Authorization' Form.

An After-The-Fact purchase occurs when a department makes a purchase before a purchase order number is issued. For example, authorizing a vendor to begin work before the Purchasing Division issues a purchase order.

Similarly, obtaining goods or services on credit and subsequently submitting the invoice to accounts payable is an AFT. All ATFs, regardless of the dollar amount, present problems for the Purchasing Division, Accounts Payable, vendors, and end-users.

In many cases, these transactions:
* Place the City at financial and credit risk and result in higher than necessary cost paid for products and services. * Create unnecessary administrative efforts
* Bypass City encumbrance requirements
* Violate procurement polices and procedures
When an ATF purchase has been identified, the managing supervisor that made the unauthorized purchase shall complete this form.

Please provide detailed statement explaining the circumstances surrounding this ATF purchase.

What corrective steps have taken to avoid repetition of future ATF's? Any corrective action with the responsible managing supervisor? Vendor Name:

Amount of Purchase: $ Purchase Date:

I understand that all City purchases require pre-approval and need to be purchased utilizing City policies and procedures.

Supervisor Name Signature Title
Department Director authorizing After-The-Fact Purchase Name Signature Date
At the 11/26 Council meeting, the CAO will request approval of an LSA with Goldfarb & Lipman LLP to provide legal advice/represent the City in pending land use litigation related to challenging the City's approval of the Campus Bay Mixed Use Project. Goldfarb has been defending the City in this litigation, and it would be detrimental to the City's interests to change law firms at this juncture. A recent Court ruling upheld the case on Appeal after the original contract expired and no invoices had been produced since March 2023. The original LSA expired on 6/30/23.

N/A as the as the there is no fiscal impact to the General Fund. This legal services agreement will be paid from funds deposited by the developer, and the case had been inactive since 2022 until a recent Court decision.

Goldfarb & Lipman LLP
25,000.00 8/16/2024
Shannon Moore Chief Assistant City Attorney
All LSAs are are being tracked via a calendaring system. 44

November 26, 2024

City Attorney's Office

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

Dave Aleshire, City Attorney
Christopher Dykzeul, Assistant City Attorney

Subject:

Adopt ordinance containing procedures for issuing notice and receiving public comment for water, sewer, and
related assessments under Proposition 218.

FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Adopt ordinance in accordance with Assembly Bill 2257
for notice, comment, and exhaustion of administrative
remedies related to proposed water or sewer rates or
assessments.

RECOMMENDED ACTION:

ADOPT an ordinance (second reading) adding Section

13.08.090 to the Richmond Municipal Code to establish
clear procedures for the submittal and consideration of public comments regarding proposed water or sewer
rates or assessments and for the exhaustion of
administrative remedies of such assessments under
Proposition 218 – City Attorney’s Office (Christopher
Dykzeul/Dave Aleshire 510-620-6509).

AGENDA
REPORT
45

November 26, 2024

DISCUSSION:

Assembly Bill (AB) 2257 authorizes the City to adopt procedures for the submittal and consideration of public comments regarding proposed water or sewer rates or assessments. If the City elects to adopt exhaustion procedures, a person would be required to timely submit written comments that specify the grounds for alleging that the fees do not comply with Proposition 218 in order to challenge the fees in court. AB 2257 places new obligations on public agencies during the ratemaking process, by requiring agencies who adopt these procedures to provide written responses to all comments received before acting on the proposed fees.

Proposition 218, the Right to Vote on Taxes Act, enacted by the voters in 1996 (gen. elec., (Nov. 5, 1996).) provides for, among other things, procedural and substan tive requirements for the imposition of property-related fees. (Cal. Const. art. XIIID § 6(a), (b).) To impose a new fee, a local agency must identify parcels subject to the fee, calculate the amount, and provide notice by mail to affected property owners of the proposed fee. (Id. at § 6(a)(1).) The local agency must conduct a public hearing and consider all written protests filed by the affected property owners. (Id. at § 6(a)(2).) If a majority of the property owners present written protests against the fee, the fee may not be imposed. (Id.) These are generally understood to be procedural requirements. ( Planiter v. Ramona Municipal Water Dist. (2019) 7 Cal5th 372, 381.)
AB 2257 build s upon Proposition 218’s existing procedural requirements by creating a clear and robust mechanism for customers to raise questions, concerns, comments, and criticisms of a proposed rate structure. The agency’s governing body would have the benefit of hearing the evidence, which would include objections and the agency’s responses, and apply its reasoned discretion and expertise. This is especially valuable in ratemaking cases in which evidence and policies are highly technical. The process would serve to foster better -informed administrative decisions, which benefit the objector, the public agency, and ratepayers that the agency serves. It also help s agencies develop more defensible rates and build rapport and trust with their ratepayers.

As a general rule, the courts have held that a party is required to exhaust administrative remedies before pursing an action in the courts. ( Planiter at 382-83.) An administrative remedy has been exhausted once all available and distinctive administrative review procedures have been concluded. ( Id. at 383.) This rule is not a matter of judicial discretion but a fundamental rule of procedure grounded on policy concerns related to administrative autonomy and judicial efficiency. The courts also point to the fact that requiring an administrative remedy to be pursued allows for a factual record to be created for the court’s consideration.
46

November 26, 2024

AB 2257 authorizes public agencies to adopt procedures adequate for the exhaustion of administrative remedies by establishing processes for the submittal and consideration of public comments regarding proposed water or sewer rates or assessments under Proposition 218.

The City Attorney’s Office therefore recommends City Council to introduce (first reading) of an ordinance to add Section 13.08.090 to Richmond’s Municipal Code to establish clear procedures for the submi ttal and consideration of public comments regarding assessments under Proposition 218.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance (proposed)
47 ORDINANCE NO. N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND

ADOPTING AN ADMINISTRATIVE REMEDIES PROCEDURE FOR

CHALLENGES TO FEES, CHARGES, AND ASSESSMENTS

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

SECTION 1. AUTHORITY. This Ordinance is authorized by the City’s authority under California Constitution, article XI, sections 5 (charter cities), 7 (police power), and 9 (utility power) as well as Government Code section 53759.1.

SECTION 2. MUNICIPAL CODE AMENDMENT. Chapter 13.08 of Article XIII of the Richmond Municipal Code is hereby amended to add a new Section 13.08.90 to read as follows:

Section 13.08.090 — Exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property.

a) Scope. The duty to exhaust administrative remedies imposed by this section extends to:

1) any fee or charge subject to articles XIII C or XIII D of the California Constitution,

2) any assessment on real property levied by the City, and

3) the methodology used to develop and levy such a fee, charge, or assessment.

b) “Hearing” as used in this section means the hearing referenced in paragraph 4 of subsection D of this section.

c) Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the City, unless that person submitted to the City Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.

48 d) Procedures. The City shall:

(1) Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.

(2) Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer’s report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution.

(3) Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.

(4) Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the City Clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a Hearing on the rate, charge or assessment.

(5) Include in a written notice of the Hearing, a statement in bold-faced type of 12 points or larger that:

(A) All written objections must be submitted to the City Clerk by the end of public comment period at the Hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.

(B) All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).

e) Council Consideration; City Responses. Before or during the Hearing, the City Council shall consider and the City shall respond in writing to, any timely written objections. The City Council may adjourn the Hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the Hearing occurs. The City’s responses shall explain the substantive basis 49 for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.

f) City Council Determinations. The City Council, in exercising its legislative discretion, shall determine whether:

(1) The written objections and the City’s response warrant clarifications to the proposed fee, charge, or assessment.

(2) To reduce the proposed fee, charge or assessment.

(3) To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed.

(4) To proceed with the Hearing, to continue it, or to abandon the proposal.

SECTION 3. CEQA FINDINGS. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption under Section 13.08.90, Revenue and Taxation, Article XIII of the City of Richmond’s Municipal Code.

SECTION 6. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the East Bay Times, a newspaper of general circulation printed, published, and circulated within the City.

50 SECTION 7. EFFECTIVE DATE. This ordinance shall be effective thirty days after passage and adoption.

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

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond

(SEAL)
Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney
51

November 26, 2024

City Council

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

Councilmember Soheila Bana

Subject:

To advocate for State legislation that enforces a minimum marriage age of 18 years old with no exceptions
FINANCIAL IMPACT: There are no direct financial impacts associated with the adoption of this resolution.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

To end child marriage by advocating for the creation of legislation by the State of California that enforces a minimum marriage age of 18 with no exceptions.

RECOMMENDED ACTION:

ADOPT a resolution affirming the City of Richmond's
commitment to ending child marriage by advocating for the California State Legislature to enact legislation that enforces a minimum marriage age of 18 with no
exceptions. Councilmember Soheila Bana (510 -620-
6743).

DISCUSSION:

The City of Richmond prides itself on upholding the rights and well-being of all individuals, especially minors who are most vulnerable to the impacts of child marriage. Despite AGENDA
REPORT
52

November 26, 2024
various states enacting laws to combat this issue, California currently lacks comprehensive legislation that addresses this harmful practice. The resolution before the Council calls upon the California State Legislature to pass an "End Child Marriage Under 18, No Exceptions" law. This aligns with our City's values and the United Nations’ Sustainable Development Goals, which aim to eliminate harmful practices like child marriage.

Child marriage, defined as a legal marriage or informal union where one or bot h of the parties are under 18 years of age, is recognized globally as a violation of human rights.

In the United States, child marriage has been identified as a significant issue, with over 300,000 minors married between 2000 and 2018. These marriages ofte n result in detrimental outcomes for minors, including limitations on educational and economic opportunities, higher rates of violence, and adverse health consequences.

Community interest in this resolution is anticipated to be high due to the moral and social implications of child marriage. Outreach will involve informing the community of the City Council's stance on this issue and the proposed advocacy for legislative change.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

53 Reso. No. XX-17

RESOLUTION NO. XX

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

ANNOUNCING ITS COMMITMENT TO END CHILD MARRIAGE BY CALLING FOR

THE CALIFORNIA STATE LEGISLATURE TO ENACT LEGISLATION THAT

OUTLAWS THIS PRACTICE

WHEREAS, each year minors are coerced and forced into marriage in cities across the United States; and

WHEREAS, retrieving marriage certificate data from the 50 states individually and compiling the results reveal that, in an 18-year period between 2000 and 2018, well more than 300,000 minors were married in the United States, mostly girls married to adult men; and

WHEREAS, child marriage, a formal marriage or informal union where one or both parties are under the age of 18, is defined as a human rights abuse by the Department of State, UNICEF, and Human Rights Watch; and

WHEREAS, as a member of the United Nations, the United States adopted the United Nations’ 2030 Agenda for Sustainable Development, which includes a commitment to achieving the Sustainable Development Goals, including Goal 5 to "Achieve gender equality and empower all women and girls," and specifically target 5.3: "Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation"; and

WHEREAS, the American Medical Association has called for an end to child marriage, stating "Child marriage is associated with higher rates of sexually transmitted infections, early pregnancies, divorce, and intimate partner violence than women married at age 21"; and

WHEREAS, the detrimental effects of child marriage are many, including, but not limited to, an adverse effect on the child’s health, education, and employment opportunities, as proven by UN Women and the World Bank; and

WHEREAS, minors in unwanted or abusive marriages suffer social isolation from their support networks like school, friends, and family, which contributes to their poor mental health; and

WHEREAS, young women and girls ages 16-19 face intimate partner violence victimization rates almost three times the national average; and

WHEREAS, the majority (70%-80%) of child marriages end in divorce; and

WHEREAS, minors who marry early are more likely to "discontinue their formal education prematurely, earn low wages, and live in poverty." Girls who marry early are fifty percent more likely to drop out of high school and four times less likely to graduate from college; and

WHEREAS, a minor’s understanding of their legal rights and access to practical resources to avoid or abandon an unwanted or abusive marriage are far more limited than what adult men and women may have; and

WHEREAS, in the state of California, there is no minimum age to marry and no restrictions on the age differences between the two parties (e.g., between adult men and minor girls); and WHEREAS, in the state of California, limited reporting on child marriage statistics from the majority of counties has hampered the state’s ability to track the prevalence of child marriage; and

WHEREAS, child marriage in the United States is not confined to any religious or cultural group. American children of all backgrounds are at risk in California cities because the law permits marriage before the age of majority; and

WHEREAS, the overwhelming evidence of adverse effects on the minor’s well-being and the remaining risk of abusive relationships with older men calls for an "End Child Marriage Under 18 No Exceptions" law; and
54 Reso. No. XX-17

WHEREAS, the states of Delaware, New Jersey, Minnesota, Pennsylvania, Rhode Island, New York, Massachusetts, Vermont, Connecticut, and Michigan have already passed laws ending child marriage for all minors, without exception; and

WHEREAS, the City of Richmond has determined that it is a moral imperative and undeniably in the best public interest of the City to protect all minors from child marriage;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richmond as follows:

1. The above recitals are hereby adopted by the City Council of the City of Richmond.

2. The City Council hereby calls on the California State Legislature to introduce and pass legislation to “End Child Marriage Under 18, No Exceptions”.

3. The City Council hereby calls on other California municipalities to pass resolutions showing their commitment to end child marriage.

4. The City Council hereby calls on the Contra Costa County Registrar/Recorder/Clerk to proactively comply with Section 102356 of the California Health and Safety Code by sending aggregated data on all child marriages registered in the county each year to the State Registrar before January 31st of the following year; should there be no child marriages registered in the county, the City Council calls on the County Registrar/Recorder/Clerk to proactively confirm this with the State Registrar. The City Council also calls on the County Registrar/Recorder/Clerk to make statistics on child marriage available to the public upon request, including the total number of child marriages in the county, as well as the ages and genders of the parties to those marriages.

5. The City Council hereby authorizes and directs the City Manager and authorized city personnel to publish on the city’s website educational information regarding opposing the practice of child marriage. Insofar as is necessary, the city manager and city staff shall collaborate with human rights nonprofits and organizations specializing in the aforementioned cause to produce such educational content.

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

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
55 Reso. No. XX-17

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

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

Pamela Christian, Clerk of the City of Richmond
56

November 26, 2024

City Council

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

Councilmember Gayle McLaughlin

Subject:

City Council approval of Library Commission Bylaws
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

These by-laws are new to the Commission and have not
received Council approval in the past

STATEMENT OF THE
ISSUE:

The Richmond Library Commission is seeking City
Council approval of its new bylaws.

RECOMMENDED ACTION:

APPROVE the new bylaws of the Richmond Library
Advisory Commission, already approved by the
Commission on May 16, 2024. - Councilmember Gayle
McLaughlin (510-620-6636).

AGENDA
REPORT
57

November 26, 2024
DISCUSSION:

The Richmond Library Commission is an advisory commission (to the City Council) that was established pursuant to the authority of Section 3.16.010.070 of the Richmond Municipal Code. As a City Council liaison to the Commission for the past few years, I can attest to the hard work of this c ommission and its desire to have clear bylaws to guide their work.

The purpose of this item is to acquire official City Council approval for the Richmond Library Commission’s new bylaws. See attached. These bylaws have already been approved by the Commission on May 16, 2024.

It was very important to the Commission to set up these bylaws in order to clarify its powers, duties, meeting procedures and other aspects of the Commission’s ongoing work as an advisory commission to the City Council.

These bylaws have been reviewed and approved as to form by the City Attorney’s Office.

As the Library prepares for its upgrades and renovations, it is more important than even to have a strong, dedicated Library Commission to provide advice and input toward what I know we all are seeking: a beautifully revamped and renovated Richmond Main Library for the enrichment of all our residents!

DOCUMENTS ATTACHED:

Attachment 1 – Draft bylaws

58 DocID #15338v1
BYLAWS

LIBRARY ADVISORY COMMISSION
Richmond Public Library, California

ARTICLE I. NAME AND AUTHORITY (3.16.010)*

Section 1. Name
The name of this organization shall be the LIBRARY COMMISSION of the Richmond Public Library, California, hereinafter referred to as the "Commission".

Section 2. Authority
The Commission is established pursuant to the authority of Section 3.16.010-070 of the Richmond Municipal Code.

ARTICLE II. POWERS AND DUTIES (3.16.070)

The Library Commission is advisory only and shall have the function and duties set forth in Section 3.16.070 of the Richmond Municipal Code, which currently provides for the following functions and duties:

A. Recommend to the City Manager rules and regulations necessary for the administration and protection of the Richmond Public Library and its branches and all property therein;
B. Review the operations of the Richmond Public Library and make an annual report of its findings and recommendations to the City Council; C. Make recommendations to the City Council for capital expenditures and improvements for the Richmond Public Library;
D. Establish a policy for the selection of materials to be purchased and circulated by the Richmond Public Library;
E. Call on the City Librarian or the library staff for research and advice on matters of a technical nature;
F. Engage in a program of acquainting the public with the problems relating to the operation of the Richmond Public Library; and
G. Perform such other duties as may from time to time be requested by the City Council.

Whenever a Library Commission member communicates with the news media or others, or appears at a public hearing or before another City Agency or Department to discuss existing or proposed legislation or policy, the Library Commission member shall make every reasonable effort to specify that the Library Commission member is expressing a personal opinion, view or position, unless speaking on a topic the full commission has approved.

59 DocID #15338v1
ARTICLE III. MEMBERSHIP AND TERM OF OFFICE (3.16.010)

Section 1. Number and Qualifications
The Library Advisory Commission shall consist of five members who must be registered voters.

Section 2. Selection and Appointment of Members
Commissioners of the Library Advisory Commission shall be appointed by the Mayor with the concurrence of the City Council. In making appointments to the Library Commission, the Mayor may accept for consideration recommendations for appointments offered by each Councilmember. Any vacancy upon the Library Commission shall be filled by appointment by the Mayor with the concurrence of the City Council.

Commissioners should reflect the diverse interests of the Library System including a wide cross-section of ages, ethnicities and backgrounds as well as representation in the areas of technology, education and business, or other areas identified by the Governing Board.

Elected members of each jurisdiction are not eligible for appointment to the Commission.

Section 3. Term of Office
Each Commissioner shall serve a three-year term. No member of the Commission shall serve for more than two consecutive full terms. Commissioners replacing a Commissioner mid- term shall fill the vacancy for the unexpired portion of the term only. The Commissioner filling the vacancy shall commence their first term upon the date following the expiration of the remaining portion of the vacant term.

Section 4. Removal of Members
Any member who is absent for three regularly scheduled meetings of the commission within any twelve-consecutive-month period, and who fails to provide an excuse that is determined to be reasonable, shall constitute an automatic resignation from the Commission.

Such resignation shall not, however, disqualify an individual from subsequently being appointed to the same or any other City commission or board.

To assure participation of commission
members, attendance by the members of the commission to all regularly scheduled and special meetings of the commission shall be recorded.

Section 5. Compensation
The commissioners shall serve without compensation. (3.16.020)

ARTICLE IV. OFFICERS

Section 1. Selection of Officers
As soon as practicable, following the first day of January of each year, there shall be elected as officers for the Commission a Chairperson and a Vice Chairperson. An election shall be held at the next regular meeting to fill any office that becomes vacant during the calendar year.
60 DocID #15338v1

Section 2. Chairperson (3.16.030)
The Chairperson shall be elected by a majority vote of the members from among their membership. The Chairperson shall serve for a term of one year. The Chairperson shall preside at all regular meetings and shall call all special meetings. The Chairperson shall actively engage commissioners regarding all things related to their ongoing membership. This includes eliciting feedback and answering questions. The City Librarian shall act as secretary of the Commission.

The Chairperson shall use Rosenberg’s Rules of Order to conduct the meetings. He or she shall represent the Commission before the City Council.

Section 3. Vice Chairperson
The Vice Chairperson shall be elected by a majority vote of the Commission members.

He or she shall assume all duties of the Chairperson in the absence of the Chairperson.

Section 4. Staff Representative
The Staff Representative shall be the City Librarian who shall serve as the Secretary of the Commission. (3.16.030)

Section 5. City Council Liaison
The Mayor, with the concurrence of the City Council, shall designate a City Council member who will serve as a liaison to the Commission and who will provide advice to the Commission and serve as a link between the Commission and the City Council.

ARTICLE V. COMMITTEES

Section 1. Establishment of Committees
Ad-hoc committees may be composed and shall contain no more than (2) Commissioners. Ad-hoc committees may include volunteer members as deemed necessary by the Library Commission. The committees shall report to the Library Commission on no less than a quarterly basis to address issues within the Commission’s jurisdiction for a limited duration of time.

Section 2. Membership of Committees
The Chairperson shall make all assignments and appoint the Chairperson of each committee with the consensus of the Commission.

ARTICLE VI. MEETINGS (3.16.040)

Section 1. Open Meetings
All regular and special meetings of the Commission are subject to the Brown Act and therefore are advertised and open meetings to which the public and the press shall be invited.

61 DocID #15338v1

Section 2. Regular Meetings
Regular meetings of the Commission shall be held at least quarterly on a day, time and location to be decided upon by the Commission on an annual basis. Any changes to regular meeting day, time and location will be provided to the Board Clerk of the City Council for calendaring purposes. The Commission shall establish rules for its proceedings and may adopt such rules and regulations as may be necessary for the exercise of the powers conferred and the performance of the duties imposed by it.

All of the meetings of the Commission, whether regular or special, shall be open to the public and the Commission shall keep a proper record of its proceedings. (3.16.060) One City Council member attends the meeting as a representative of the Council.

Section 3. Special Meetings (3.16.050)
A special meeting may be called by the Chairperson of the Commission or by vote of the Commission. Notice of such special meeting shall be given as required by law, and the purpose of or the business to be transacted during such special meeting shall be stated in the notice.

Section 4. Quorum (3.16.060)
A quorum shall consist of a majority of the members of the Commission. Whenever a quorum attends any meeting of the Commission, the concurrence of a majority of the Commission present at such meeting shall be necessary to constitute an act of the Commission.

Section 5. Absence of Quorum
In the absence of a quorum at any meeting, such meeting shall be adjourned to the next regular meeting date by any member present. No meeting may be declared adjourned for lack of a quorum until a fifteen (15) minute period after the scheduled time of the meeting has elapsed.

Section 6. Conduct of Meeting
At the time and place established for any meeting, when a quorum is present, the Chairperson shall call the meeting to order. The meeting minutes will be recorded with the recordings to be retained for one year. Staff will prepare and submit to the Commission the minutes in action form for their review. The normal order of business shall include at least the following:

A. Call to order/Roll call;
B. Welcome and meeting procedures;
C. Agenda review;
D. Public comments (open to the public, items not on the agenda); E. Approval of minutes of previous meetings;
F. Department reports for information (Staff reports);
G. Old business: Discussions; Review of recommendations and action on same; Commissioner reports;
H. New business;
62 DocID #15338v1
I. Communications;
J. Items of interest to the Commission and announcements; K. Agenda setting and future topics; and
L. Adjournment.

Section 7. Voting
All questions shall be resolved by a majority vote of the Commission members present.

The vote shall be taken by roll call vote, voice vote, or by the raising of hands provided that, at the request of any member, the vote shall be taken by a roll call vote.

ARTICLE VII. AMENDMENTS

These Bylaws may be amended from time to time by a vote of the Commission.

ARTICLE VIII. ADOPTION AND EFFECT

Section 1. Adoption
Immediately upon a majority vote of the Commission and approval by the City Council these Bylaws shall be in full force and effect; any and all provisions of previously adopted Bylaws, policies, or procedures which may be totally or partially in conflict herewith are hereby repealed.

Section 2. Effect
These Bylaws shall not be considered or construed as superseding any directive of the City Council nor shall they preclude the preparation and adoption of further procedural manuals and policies by which the Commission may direct its activities.

*Numbers refer to sections of the Municipal Code
https://library.municode.com/ca/richmond/codes/code_of_ordinances?nodeId=ARTIIIBOCO_CH

3.16LICO

Approved by the Richmond Public Library Commission
May 16, 2024
63

(insert date of meeting)

Department

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

Councilmember McLaughlin, Vice Mayor Jimenez and
Councilmember Robinson

Subject:

Agreement with Tiny Village Spirit
FINANCIAL IMPACT: $300,000

PREVIOUS COUNCIL
ACTION:

September 12, 2023, RPAL Lease Amendment

STATEMENT OF THE
ISSUE:

The Richmond Tiny House Village Farm and Garden
Project at 175 23rd St. has raised and will continue to raise significant private funds for developing this tiny youth village and is seeking a City contribution of
$300,000 to help finalize its start-up costs.

RECOMMENDED ACTION:

DIRECT City staff to work on an agreement with Tiny
Village Spirit (TVS) to allocate $300,000 as a City
contribution toward the Tiny House Village Farm and
Garden Project to include $166,332 for operational start- up funds as well as $133,668 to be used in finalizing the construction of the Village, slated to open on July 1,
2025; DIRECT staff also to bring the agreement back to
City Council for approval by February 4, 2025 – Vice
Mayor Claudia Jimenez (510-620-6565),
Councilmembers Gayle McLaughlin (510-620-6636) and
Doria Robinson (510-620-6568).

AGENDA
REPORT
64

(insert date of meeting)
DISCUSSION:

The Richmond Tiny Home Village, Farm and Garden project is a dynamic collaboration between local community organizations creating Richmond, California's first Tiny House Village.

The City Council directed staff to complete a Richmond Police Activities League (RPAL) lease amendment on September 12, 2023, to allow this village to be built at 175 23rd St.

This lease amendment allows for the construction of a tiny house village with 7 tiny houses at the site to be inhabited by six Richmond unhoused youth and one unit for a resident manager. Later, another six tiny houses are planned.

Subsequent to this, all permits and approvals have been acquired by Tiny Village Spirt (TVS), a local community non-profit and coordinator of the project. TVS and its partners are constructing this tiny house youth village as an innovative model for addressing the housing crisis, focused specifically on youth. They are registered as a 501(c)(3) non- profit organization. Their EIN is 99-2684195.

The following attachments were submitted to the City and approved by City staff:
 Attachment 1 Completed Signed Sublease and Memorandum of Understanding (MOU) between RPAL and TVS, and
 Attachment 2 Richmond Tiny House Village Supportive Services Agreement between TVS and Hope Solutions.

These agreements were required by City staff in order to get the permit for this project.

City staff required TVS to come up with an agreement with an operational service provider and that agreement is Attachment 2, a supportive services agreement between TVS and Hope Solutions.

Hope Solutions (formerly Contra Costa Interfaith Housing) is a well-known, long- standing supportive housing services provider in Contra Costa County and will be the operations provider for this project. https://www.hopesolutions.org/

The young people who will be living in the village will be identified through the County’s Coordinated Entry system. Sadly, too many young people, ages 18-24, are living on the streets and in tents. However, this project is a step in the right direction and will help to address the encampment issue we deal with daily in Richmond.

The development of this Tiny Village has been moving forward, with support from the City Council, City Staff, and various volunteers throughout the community. It is on track to become an amazing and beautiful village for unhoused youth. The village is sited right next to what will become the RPAL Farm and Garden project.

The Project will include on-site services for the youth, and the project team has obtained buy-in from the surrounding Neighborhood Councils, as well as from RPAL, Greater Richmond Interfaith Program (GRIP) and many other community organizations. TVS 65

(insert date of meeting)
has previously set up a youth tiny house village in Oakland that is successfully operating. Richmond is on track to do the same. The City Council set as a goal the implementation of two to three tiny villages. This small village will be a great start towards achieving this goal. There has been a lot of progress and momentum on the project.

While TVS has raised and continues to raise significant funding, having the City make a contribution to the start-up will be most appreciated and will give the City an opportunity to show its commitment to what will be a beautiful village. TVS is a partner with Richmond Renaissance, our new Arts District project, which will be using the arts as place-making for our downtown area as the City focuses on re-imagining and renovating downtown both culturally and economically.

It is important to keep the work going on this village in order to have the doors of the tiny homes available for habitation by the youth on July 1, 2025. TVS has requested a $300,000 contribution from the City of Richmond for completing the construction and to begin operations.

The funding source for the $300,000 City contribution is the Reimagining Public Safety budget. One million dollars was put back into the Unhoused Intervention portion of that budget bucket on Oct. 1, 2024. As discussed at the Council meeting, this amount should be used to help GRIP fill a budget gap ($500k) and the remainder for tiny village development, a City Council-identified goal.

See Attachment 3, which is a slideshow that includes the project overview, accomplishments to date, work schedule and budgets.

Slides 2-4 of the slideshow show the Project Overview and Key Assumptions

Slides 5-7 of the slideshow show the Accomplishments to Date

Slides 8-16 of the slideshow show the Master Plan (renderings of the village, and renderings of the farm and garden just to give the big picture)

Slides 17-18 gives the layout of the build-out for Year One.

Slides 19-22 show Budgeting (including Capital budget, sources of funds for Capital budget, and the 3-year Operating Budget.

Slide 24 is the Request to the City of Richmond ($133,668 to help with Capital expenses for final construction and $166,332 to help with 1st year Operating funds for a total request of $300,000).

TVS is working with Richmond YouthWorks, along with RPAL youth, to bring in young people as designers and youth artists for this village. TVS has been working diligently with pro bono architects, engineers, and City staff. Community Development 66

(insert date of meeting)
Department, including Building Division, has approved the permit package. Permits and approvals from PG&E and EBMUD have also been acquired. TVS’s leadership work for almost 2 years in coordinating this project, its community engagement process and collaboration with neighborhood councils and support throughout the community, including from Richmond long-time institutions such as GRIP and RPAL has been exceptional. All the partners on this project have given a lot of time, effort and volunteer work to bring this project into fruition. This City contribution and agreement with TVS will be welcomed by all.

This item is directing staff to come back to the Council by February 4, 2025 with an agreement for approval. We request that the City Manager assign an appropriate staff person to work on this agreement with TVS.

DOCUMENTS ATTACHED:

Attachment 1 – Completed Signed Sublease and Memorandum of Understanding (MOU) between RPAL and TVS
Attachment 2 - Richmond Tiny House Village Supportive Services Agreement between TVS and Hope Solutions
Attachment 3 – Village slide show

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RICHMOND’S TINY HOUSE VILLAGE
Farm and Garden Project
AN EMPOWERMENT-FOCUSEDYOUTH EMERGENCY HOUSING COLLABORATION 1154 Project
Overview
2155
Project Overview - Key Assumptions
❖ An eight-agency community collaboration.
❖ Modeled after our successful, award-winning Oakland Tiny House Village. ❖ A primarily volunteer-led project
❖ Done with full agreements in place between all major parties and permissions from the City of Richmond
❖ Doubles emergency transitional housing for unhoused Richmond youth. ❖ 2-year structured program.
3156
Project Overview - Key Assumptions
❖ Year 1 – Fundraising and Construction:
➢ 24-space parking
➢ Six tiny homes
➢ Basic and modest structures at the Farm and Garden
❖ Year 2 - Construction (mutually agreed upon).
❖ Year 3 - Construction (mutually agreed upon).
❖ Taking down all structures at the end of the Village life will be the responsibility of Tiny Village Spirit.
4157
Accomplishments
To Date
5158
Accomplishments to Date
❖ Formed 12-member youth Community Organizing Team
❖ Engaged 19 RichmondWorks youth as participants (June 2023 - July 2024) ❖ Developed commitments from eight agency project partners ❖ Developed Village, Farm and Garden Capital Budget as well as 3 year Village Operating Budget
❖ Obtained approval for the project from all 4 surrounding Neighborhood Councils ❖ Obtained approval for the project from the City of Richmond ❖ Obtained a clean Phase 1 and 2 environmental assessment for the site ❖ Carried out detailed program planning and detailed build schedule 6159
Accomplishments to Date
❖ Completed Architectural Master Plan
❖ 400 youth and volunteers painted 550 fence planks for Village fence ❖ 150 volunteers completed construction of 7 tiny homes ❖ Completed EBMUD and PG&E applications
❖ Carried out detailed engineering studies for utilities and parking lot ❖ Gained permit package approval from the Richmond Planning Dept ❖ Completed & signed project sublease and MOU including Exhibits A-G ❖ Raised $250,000 of needed project funds
❖ Building permit issued Oct. 30, 2024
7160
Master Plan
8161
9 162
10 163
11 164
12 165
13 166
14 167
15 168
16 169
Year 1 building
17170
18 Year 1 Building
171
Fundraising
19172
Capital Budget
20 173
Capital Budget-
Sources of Funds
21 174
Village 3 Year Operating Budget
22 175
Request to the city of Richmond
23 176
RICHMOND’S TINY HOUSE VILLAGE,
Farm & Garden Project
24 Questions?....
177

November 26, 2024

Community Development

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

Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Charice Duckworth, Senior Planner
Subject:

Appropriation of Grant Funds Related to EPA Brownfield
Revolving Loan Funds
FINANCIAL IMPACT: The EPA Brownfield Revolving Loan funds are in fund 225-101101 and are being requested to be appropriated
into the Housing budget.

PREVIOUS COUNCIL
ACTION:

May 21, 2019, February 21, 2017

STATEMENT OF THE
ISSUE:

On May 21, 2019, the City Council authorized execution
of a contract with Community Housing Development
Corporation of North Richmond (CHDC) for the
completion of the remediation of four contaminated sites in North Richmond to be funded by EPA Brownfield
Revolving Loan grant funds. Staff is seeking
appropriation of the remaining grant funds to issue the final payment of the grant funds to CHDC and to bill City administrative costs related to the grant.

RECOMMENDED ACTION:

APPROPRIATE the remaining grant funds totaling
$260,442.69 related to the EPA Brownfield Revolving
Loan Fund to the Housing Budget to issue final payment
of the funds allocated to Community Housing
Development Corporation of North Richmond and
administrative program costs– Community Development
(Lina Velasco/Charice Duckworth 510-412-2052)

AGENDA
REPORT
178

November 26, 2024
DISCUSSION:

In September 2009, the US Environmental Protection Agency (EPA) Region IX provided the Richmond Community Redevelopment Agency (RCRA) with a $1 million Brownfield Assessment Grant to establish the Richmond Brownfield Revolving Loan Fund (RBRLF), which was transferred to the City to administer after the dissolution of the RCRA.

In May 2019, the City Council authorized execution of a contract to provide a $269,792 RBRLF award to Community Housing Development Corporation of North Richmond (CHDC) for the completion of the remediation of four contaminated sites in North Richmond. A contract was executed for this work and will expire on December 31,2024.

The remediation work began in 2021 and was recently completed. Staff are requesting that the Council appropriate the remaining grant funds into the Housing Budget so that the reimbursement of the recently completed work can be provided to CHDC.

There will be no impact to the City’s General Fund since the RBRLF is grant funded.

SYNERGISTIC POLICIES:

This Council action supports the following policies adopted in the General Plan:

Policy HW9.2 Toxic and Contaminated Sites
Continue to work with the appropriate local, state, and federal agencies to promote the clean-up and reuse of contaminated sites to protect human and environmental health.

Action HW9.J Site Remediation
Require property owners to comply with and pay for state and federal requirements for site remediation as a condition for approving redevelopment on contaminated sites. In collaboration with other government agencies, utilize the Department of Toxic Substances Control (DTSC) Cortese List to prioritize the remediation of city and non- city-owned property to protect human and environmental health. Seek state and federal funds to implement the necessary level of clean-up.

These grant funds were used to clean up contaminated sites within the City to allow for their safe redevelopment.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract and Amendments with CHDC 179
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Community Development
Project Manager E-mail:
[email protected]
P.R.No: Vendor No: 1057
'roject Manager: Charice Duckworth
'reject Manager Phone No:
412-2052

3.0./Contract No: ,5430
Description of Services:

Perform remediation of four (4) vacant brownfield sites located at the corner of Fred Jackson Way and Duboce Avenue in North Richmond.

Amendment No. 4 modifies the: (2nd or subsequent amendments D Term, PaymentLimit and Service Plan
"erm and Service Plan
!timendments attach Amendment History page)
Payment Limit 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:

CHDC of North Richmond
Company Name:
, Street Address: 1525-A Fred Jackson Wav
City, State, Zip Code: Richmond, CA 94801
Contact Person: Joanna Griffith, Director of Real Estate Development Telephone: (510) 412-9290Email: [email protected] Business License No: 4000-8986/ Expiration Date:

A California | | corporation, | | limited liability corporation | | general partnership, Jimjted partnership, | | indiviHual, |/| 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 May 21,2019 , which original term commenced on June 1,2019 and terminates December 20, 2020 with an original contract payment limit of $269,792.00. Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
180
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166

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
•DS
•DocuSlgnedby:

WL /W^/2 7/2024
•EBB8FAC8420B405..:
-Title: Deputy City Manager
I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

DocuSigned by:
^tLn (jj^(>{\e^
•CO(W3Err4Ai0400...

City Clerh
Approved as to form:

DocuSigntd by:

By | S^^t>^ t^bY^
City Attdm^2
CONTRACTOR:

CHDC of North Richmond
(*The Corporation Chairperson of the Board, President or Vice-Prpsidg^gitjfiUlg^sign on the line below.)
BY I JUA^ (•b'^s
'•—C/9AUb4023CMh3...

Title:

Board, President
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
•DocuSlgnedby:

By:.

Title:
6mes fWcs
•71FBBIBIB88
CFO
28BOA5A394BD...

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
(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.

Contract Amendment/EJ/TE 09-26-07
181
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166 Contrdct Amendment, between the City of Richmond and
CHDC of North Richmond
Amendment No. H.U./Uontract NO.
4 ,5430

AMENDMENT PROVISIONS (TERM AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
June 1,2019
(Insert original contract commencement date)
and it terminates
December 31, 2024
(Insert new contract termination date)
unless sooner terminated as provided herein."

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

Contractor shall continue to provide the tasks and services set forth in the original contract - Community Housing Development Corporation of North Richmond (CHDCNR) will follow the guidelines of the Removal Action Workplan (RAW) approved by the Department of Toxic Substances Control (DTSC) for the brownfields site(s) located at 1329 Fred Jackson Way & Duboce Avenue. A total of four (4) vacant potentially contaminated sites will undergo remediation activities to determine if the activities are protective of human health and the environment. The soil removal action will be performed by an approved subcontractor (Adante Inc.) and supervised by the appointed staff of the DTSC.

The DTSC-approved Soil Removal Action Plan to be performed by Adante, Inc. will be attached to this contract as the primary source of work to be performed at the site(s).

The remediation work performed will be funded by the Richmond Brownfields EPA Revolving Loan Fund in the form of a grant to CHDCNR. The vacant parcels are receiving abatement in preparation for the construction of 43 permanently affordable multifamily units to be known as Legacy Court.

A contract amendment for an extension of "time only" is needed to secure additional grant funding to support the remediation of the site(s).

Contract Amendment/EJ/TE 9-26-07
182
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166 Contract Amendment between the City of Richmond and
CHDC of North Richmond
Amendment No. P.U./Contract No.
4 ,5430

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 12/01/2020 for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ _for a payment limit not to exceed $ 269,792.00
[3 Term Amendment (insert new termination date): 12/31/2021 Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on 11/29/2021 _ for one or more of the following provisions (check those that apply):

D Increased contract payment limit by $ _for a payment limit not to exceed $269,792.00
Term Amendment (insert new termination date):J_^1^022_
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on 1/6/2023 _for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ _for a payment limit not to exceed $ 269,792.00 ____.

L^J 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):

D Increased contract payment limit by $ _for a payment limit not to exceed $ 269,792,00
Term Amendment (insert new termination date):.

D 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 $ 9R9 79? nn _.

Term Amendment (insert new termination date):.

Service Plan
183
locuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166 ACORiy CERTIFICATE OF LIABILITY INSURANCE
DATE (MMfDDfYrT/)
6/11/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRWIATIVELY 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.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Arthur J. Gallagher Risk Management Services, LLC.
595 Market Street, Suite 2100
San Francisco CA 94105
Licensed OD692931

INSURED
Community Housing Development Corporation of North
1535 Fred Jackson Way Ste A
Richmond, CA 94801
^ACT Amber Hatfield
PAH?.NNEo.Extl: 415-536-4078FAX
WC, No):

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
INSURER A : Philadelphia Indemnity Insurance Company
INSURERS : Houston Casualty Company
INSURERC_:_
INSURER D :

INSURER E :

INSURER F :

NAICff
18058
42374
COVERAGESCERTIFICATENUMBER: 776348189REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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.

INSR
LTR
A
A
A
A
A
B

TYPE OF INSURANCE
xCOMMERCIAL GENERAL LIABILITY
CLAIMS-MADE | x | OCCUR
x
x
POLIC
OTHEI
x
x
x
x

ANY AUTO
OWNED
HIRED
GEN'L AGGREGATE LIMIT APPLIES PER:REGATE LIMIT APPLIES PER:
.?c°f D LOG
^: GL Ded: $0

AUTOMOBILE LIABILITY

AUTOS ONLY

AUTOS ONLY
UTO
D
3 ONLY
3 ONLY

LE LIABILITYABILITY
-Y
_Y

UMBRELLA LIAB

EXCESS LIAB
DEDx
sc
Al
N(
Al
<

HEDULED
TOS
iN-OWNED

TOS ONLY
OCCUR

CLAIMS-MADE
RETENTIONS in nnn

WORKERS COMPENSATION
AND EMPLOYERS' LIABILITT y; N

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory In NH)
If ves. describe under
DESCRIPTION OF OPERATIONS below
Employee Theft/Dishonesty
Excess Employee Theft/Dishonesty
Cyber
ADDL
INSD
N/A
SUBR

VWDPOLICY NUMBER
PHPK2672452
PHPK2672452
PHUB906462
PHPK2672452
PHSD1824644
H24NGP240341-00

POLICY EFF
(MMfDD/Yrrri
4/1/2024
4/1/2024
4/1/2024
4/1/2024
10/26/2023
5/22/2024

POLICY EXP
(MMfDDfYYYYI
4/1/2025
4/1/2025
4/1/2025
4/1/2025
10/26/2025
4/1/2025
LIMITS

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGO

COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE

AGGREGATE

PER I I OTH-

STATUTE I I ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEEI
E.L. DISEASE - POLICY LIMIT
Limit
Limit
Limit
$1,000,000
$100.000
$5,000
$1,000,000
$2,000,000
$2,000,000
$
$1,000,000
$
$
$
$
$10,000,000
$10.000.000
$
$
$
$
$500,000
$1,000,000
$1,000,000
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) RE: P.O./Contract No: 21300625/2259City of Richmond, its officers, officials, employees, agents and volunteers

CERTIFICATE HOLDER
City of Richmond, its officers, officials,
employees, agents and volunteers
450 Civic Center Plaza, City Manager's office
Richmond CA 94804-0046
USA
1 CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
to^A^f Ka^fjC'^
ACORD25(2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
184
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166 ACORD^ CERTIFICATE OF LIABILITT INSURANCE
PRODUCER (510)235-0353 FAX
M A Hays Insurance
CA License #0094750
232 Broadway
Richmond CA 94804

INSURED
Community Housing Dav. Corp Of North Richmond
1535A Fred Jackson Way
Richmond CA 94801

DATE (MM/DD/YYYY)
6/10/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATiOi^

ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL.OW.

INSURERS AFFORDING COVERAGE
INSURERA: Travelers Casualty & Surety)
INSURER & Sequoia Ins. Co.

INSURER C:

INSURER D:

INSURER E:

NAIC#
22985

COVERAGES
RFDUIREMFNT, TERM OP. CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PCRTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.

AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

NSRI
LTR
B
A
tDD'L]
NSRDlTYPE OF INSURANCE
GENERAL UABILinr

COMMERCIAL GENERAL LIABIUTT
CLAIMS MADE | | OCCUR
GEN'LAGGREGATE LIMIT APPLIES PER;
—| POLICY n?ERCa Pl LOG
AUTOMOBILE UABIUFf3MOBILEUABIUFf

ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OVWEDAUTOS
GARAGE LIABILIPr

ANY AUTO
EXCESSfUMBRELLA LIABILITY

OCCUR I I CLAIMS MADE

DEDUCTIBLE

RETENTION S

WORKERS COMPENSATION AND

EMPLOYERS'UABIUW

ANY PROPRIETOR/PARTNERCXECUTIVE
OFFICEWMEMBER EXCLUDED?
If yes, dBscribe under SPECIAL
PROVISIONS betow
OTHER Directors and
Officers

POLICY NUMBER
QWC1339207
105618912
"OLICY EFFECTIVE
DATE (MM/DDfYY)
02/19/2024
5/24/2024
'01-ICY EXPIRATION
DATE(MM;DDfYY)
02/19/2025
5/24/2025
LIMITS
_EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occuronce)
MED EXP (Any one parson)

PERSONAL & ADV INJURY

GENERALAGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
(Ea accident)

BODILY INJURY
(Per person)

BODILY INJURY
(Paraccidant)

PROPERTY DAMAGE
(Per accident)

AUTO ONLY - EAACCIDENT

OTHER THAN EAACC
AUTO ONLY:AGO

EACH OCCURRENCE

AGGREGATE

WC STATU-
x iTORYUMn-S I x

OTH-'ER
E.L. EACH ACCIDENT
E,L DISEASE . EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
»
t
8 s
t
I
(
E
I
(
s
B
t
E
t
(
t
t
t 1,000,000
, 1,000,000
i 1,000,000
D&O $1,000,000
EELI $1,000,000

CERTIFICATE HOLDER

CITY OF RICHMOND
City Manager's Office
450 CIVIC CENTER PLAZA
RICHMOND, CA 94904-0046

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABIUTT OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
^^ ACORD 25 (2001/08)
fj^j INS025 (oioe).05ELECTRONIC IASER FORMS,;, INC.-lfiOOt327.0545 '--©^PORD CORPORATION 1988

185
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166

IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).

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).

DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.

ACORD 25 (2001/08)
(J^- INS025 (0108).01 Page 2 of 2
186
3ocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166 ^CORD9 CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
06/11/2024
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.

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 endorsements).

PRODUCER
Acrisure of California, LLC., dba
All Spectrum Insurance Brokers
3155 Olsen Drive #400
San Jose CA 95117

INSURED
Adanta, Inc
1040 Main Street Ste 110-A
Napa CA 94559
^JIACT Erin McCullough
FA^O.EXH: (408)739-8300 I <% No!(866) 826-6781
IiMDARKS: [email protected]

INSURER(S) AFFORDING COVERAGE
INSURERA : Benchmark Specialty Insurance Company
INSURER B : United Financial Casualty Co.

INSURER c: Travelers Property Casualty Company of America INSURER D:

INSURER E:

INSURERF:

NAIC#
17180
11770
25674
COVERAGESCERTIFICATE NUMBER: CL2452920586REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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.

INSR

LTRTYPE OF INSURANCEINSDWVDPOLICY NUMBERPOLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYTT)LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE I /'N OCCUR

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES fEa occurrence)
MED EXP (Any one person)
MNGRP200101602/06/202402/06/2025PERSONAL 8, ADV INJURY
GEN'LAGGREGATE LIMITAPPLIES PER:GENERALAGGREQATE
POLICY
OTHER:

PRO-

JECTLOGPRODUCTS - COMP/OPAGG
Hired/Non-owned
3,000,000
50,000
10,000
3,000,000
3,000,000
3,000,000
$ 1,000,000

AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT
(Ea accident)$ 1,000,000

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
BODILY INJURY (Per person)
xlSCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
97489436111/10/202311/10/2024BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)
xlUMBRELLA LIAB

EXCESS LIAB
xlOCCUR

CLAIMS-MADE
EACH OCCURRENCE1,000,000
MNGR-X-200057102/22/202402/06/20251,000,000
DEDRETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
[f yes, describe under
DESCRIPTION OF OPERATIONS below
Y;N
Y
xl
PER

STATUTE
OTH-
ER
UB-6K28473705/31/202405/31/2025E.L EACH ACCIDENT1,000,000 E.L DISEASE - EA EMPLOYEE1,000,000
E.L. DISEASE - POLICY LIMIT1,000,000
Professional Liability
Contractors Pollution LiabilityMNGRP200101602/06/202402/06/2025 Each Claim
Each Pollution Claim
$3,000,000
$3,000,000
DESCRIPTION OF OPERATIONS; LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may bs attached if more space is required) If required by a written contract/agreement per the attached endorsements MG-UN-0018 07 2022 (ongoing) and MG-UN-0005 07 2022 (product/completed operations), The City of Richmond, its officers, officials, employees, agents and volunteers is listed as an additional insured with respects to General Liability coverages. Such insurance shall be primary and non-contributory to any other insurance with respects to General Liability coverages per form MG-UN-0006 07 2022. Waiver of Subrogation applies with respects to General Liability coverages per form MG-UN-0004 07 2022 and with respects to Workers' Compensation coverages per form WC 99 03 76 (A).

CERTIFICATE HOLDER
City of Richmond
450 Civic Center Plaza
Richmond
_L
CA 94804

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
^-^z
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

TheACORD name and logo are registered marks ofACORD
187
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166

ADDITIONAL INSURED ENDORSEMENT - OWNERS,

LESSEES OR CONTRACTORS
Effective Date: 02/06/2024
Policy Number: MN6R-P-2001016
Insured Name: Adanta, Inc.

Writing Company: Benchmark Specialty Insurance Company
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CONTRACTORS POLLUTION LIABILITY POLICY

SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):

Any person(s) or organization(s) whom the Named Insured (Named Insured) agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract.

The following condition is added to the policy and supersedes anything to the contrary:

A. SECTION II-WHO IS AN INSURED is amended to include the person(s) or organization shown in the SCHEDULE as an additional insured, but only with respect to liability arising out of your ongoing operations performed for that insured.

B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:

This insurance does not apply to bodily injury ("bodily injury") or property damage ("property damage") occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or
(2) That portion of your work ("your work") out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

All other terms and conditions remain the same.

MG-UN-0018 07/2022
188
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166

ADDITIONAL INSURED ENDORSEMENT - OWNERS,

LESSEES OR CONTRACTORS - COMPLETED

OPERATIONS
Effective Date: 02/06/2024
Policy Number: MN6R-P-2001016
Insured Name: Adanta, Inc.

Writing Company: Benchmark Specialty Insurance Company
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CONTRACTORS POLLUTION LIABILITY POLICY

SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):

Any person(s) or organization(s) whom the Named Insured (Named Insured) agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract.

LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:

Project locations in which this endorsement is required by contract.

The following condition is added to the policy and supersedes anything to the contrary:

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

All other terms and conditions remain the same.

MG-UN-0005 11/2023
189
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166

PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT
Effective Date:

Policy Number:

Insured Name:

Writing Company:
02/06/2024
MNGR-P-2001016
Adanta, Inc.

Benchmark Specialty Insurance Company
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABIUTT COVERAGE FORM

CONTRACTORS POLLUTION LIABILITY POLICY

PROFESSIONAL LIABILITY POLICY

SITE POLLUTION LIABILITY POLICY

SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):

Any person(s) or organization(s) whom the Named Insured (Named Insured) agrees, in a written contract, to provide Primary and/or Non-Contributory status of this insurance. However, this status exists only for the project specified in that contract.

LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS:

Project locations in which this endorsement is required by contract.

The following condition is added to the policy and supersedes anything to the contrary:

This policy shall be considered primary to any similar insurance held by third parties in respect to work performed by an insured under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and noncontributorytothis insurance.

MG-UN-0006 07/2022
190
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
Effective Date: 02/06/2024
Policy Number: MNGR-P-2001016
Insured Name: Adanta, Inc.

Writing Company: Benchmark Specialty Insurance Company
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CONTRACTORS POLLUTION LDIBILITY POLICY

FOLLOW FORM EXCESS LIABILITY POLICY

PROFESSIONAL LIABILITY POLICY

SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):

Any person(s) or organization(s) where required by written contract, executed prior to the start of Operations.

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

The following condition is added to the policy and supersedes anything to the contrary:

We waive any right of recovery we may have against the person(s) or organization(s) shown in the SCHEDULE above because of payments we make for injury or damage arising out of your ongoing operations or your work ("your work") done under a contract with that person(s) or organization(s) and included in the products-completed operations hazard (products-completed operations hazard/"products completed operations hazard"). This waiver applies only to the person(s) or organizations) shown in the SCHEDULE of this endorsement.

MG-UN-0004 07/2022
191
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166 POLICY NUMBER: MNGR-P-2001016COMMERCIAL GENERAL LIABILITY CG 25 03 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Projects:

All projects occurring away from premises owned or rented by you. We will pay no more than $5,000,000 for all| claims or "suits" under this policy that are subject to the General Aggregate (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION
I), and for all medical expenses caused by acci-
dents under COVERAGE C (SECTION l),Which
can be attributed only to ongoing operations at a
single designated construction project shown in
the Schedule above:

1. A separate Designated Construction Project
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General Aggre-
gate Limit shown in the Declarations.

2. The Designated Construction Project General
Aggregate Limit is the most we will pay for
the sum of all damages under COVERAGE
A, except damages because of "bodily injury"
or "property damage" included in the
"products-completed operations hazard", and
for medical expenses under COVERAGE C
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing "suits".

3. Any payments made under COVERAGE A
for damages or under COVERAGE C for
medical expenses shall reduce the Desig-
nated Construction Project General Aggre-
gate Limit for that designated construction
project. Such payments shall not reduce the
General Aggregate Limit shown in the Decla-
rations nor shall they reduce any other Des-
ignated Construction Project General Aggre-
gate Limit for any other designated construc-
tion project shown in the Schedule above.

4. The limits shown in the Declarations for Each
Occurrence, Fire Damage and Medical Ex-
pense continue to apply. However, instead of
being subject to the General Aggregate Limit
shown in the Declarations, such limits will be
subject to the applicable Designated Con-
struction Project General Aggregate Limit.

B. For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION
I), and for all medical expenses caused by acci-
dents under COVERAGE C (SECTION I), which
cannot be attributed only to ongoing operations
at a single designated construction project shown
in the Schedule above:

1. Any payments made under COVERAGE A
for damages or under COVERAGE C for
medical expenses shall reduce the amount
available under the General Aggregate Limit
or the Products-Completed Operations Ag-
gregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Desig-
nated Construction Project General Aggre-
gate Limit.

C. When coverage for liability arising out of the
"products-completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard" will
reduce the Products-Completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Construction
Project General Aggregate Limit.

CO 25 03 03 97Copyright, Insurance Services Office, Inc., 1996Page 1 of 2 192
DocuSign Envelope ID: OA361644-7FDB-48F9-BB77-E774539D7166 TRAVELERST • WORKERS COMPENSATION

ONE TOWER SQUARE
HARTFORD CT~06183
ENDORSEMENT WC 00 03 13 (00) - 001
POLICY NUMBER: UB-6K284737-24-42-G

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 any one not named in the Schedule.

SCHEDULE
DESIGNATED PERSON:

DESIGNATED ORGANIZATION:

ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER.

DATE OF ISSUE: 04-16-24 ST ASSIGN: PAGElOFl
193

November 26, 2024

Fire Department

DATE: November 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Aaron Osorio, Fire Chief
Den Mark Marcelo, Administrative Services Coordinator

Subject:

Richmond Fire Department Contract with Lexipol for Fire Industry Best Practices
FINANCIAL IMPACT: The proposed three-year contract should not exceed $40,000. Funding for Fiscal Year 2024-25 is included in the Fire Department budget. The department will budget
accordingly for the subsequent fiscal years. Account
String: 01204022-400209.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

The Richmond Fire Department seeks to evaluate and
implement a robust framework of best practices and
training policies that aligns with industry and legal
standards. Lexipol provides a platform that combines
national standards, state-specific policies, and updates based on legislative changes and best practices.

Entering into a contract with Lexipol will enhance the
department’s effectiveness in operational efficiency,
emergency response, and safety when creating policies
and training procedures.

AGENDA
REPORT
194

November 26, 2024
RECOMMENDED ACTION:

APPROVE a sole-source contract with Lexipol in an
amount not to exceed $40,000, for a three-year term
effective November 27, 2024, through November 26,
2027, with a two one-year extension option not to exceed an additional $20,000 for the extended term – Fire
Department (Chief Aaron Osorio 510-307-8021/Den Mark
Marcelo 510-307-8038).

DISCUSSION:

The Richmond Fire Department (Department) is committed to maintaining high standards of operational efficiency, emergency response, administrative efficacy and safety. To achieve this goal, the department seeks to evaluate and implement a robust framework of best practices and training policies that align with both industry and legal standards.

The Department seeks City Council approval of a sole-source contract with Lexipol, an online platform that will provide comprehensive resources, including national standards, state-specific policies, and continuous updates based on legislative changes and best practices. After careful research, staff determined that there is no other company offering the combination of resources that Lexipol provides. In addition, other policy management and training options are time-consuming and not cost-effective, as the City of Richmond would need to rely on either in-house resources, outside counsel, or policy development experts.

Entering into a contract with Lexipol presents a valuable opportunity for the Richmond Fire Department to enhance its capabilities, ensuring that the Department is well- equipped to meet the challenges of the fire service. The Department recommends moving forward with this contract in order to implement effective policies and best practices that will increase the safety of our personnel and better serve the community.

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source Justification
Attachment 2 – Standard Contract

195
196
197
198
199
200
201
202
Exhibit A-1 (Service Plan)
203
Exhibit A-1 (Service Plan)
204
Exhibit A-1 (Service Plan)
205
Exhibit A-1 (Service Plan)
206
Exhibit A-1 (Service Plan)
207
Exhibit A-2 (Service Plan)
208
Exhibit A-2 (Service Plan)
209
Exhibit A-2 (Service Plan)
210
Exhibit A-2 (Service Plan)
211
Exhibit A-2 (Service Plan)
212
Exhibit A-1 (Service Plan)
213
214

5. 215
216
217
218
219
220

221
222
223
224
225
226
227
228

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:
229

November 26, 2024

Human Resources

DATE: November 26, 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:

Contract Amendment with Century Group to Increase
Payment Limit
FINANCIAL IMPACT: $50,000 is budgeted in the Risk Management Fiscal Year 2024-25 budget (Professional Services 50182116-
400201)

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

A contract amendment with Century Group to continue
providing recruitment services and temporary staffing
RECOMMENDED ACTION:

APPROVE a contract amendment with the Century
Group for recruitment and temporary staffing services to increase the payment limit by $50,000, for a new amount not to exceed $150,000 – Human Resources (Nickie
Mastay/Sharrone Taylor 510-620-6602).

AGENDA
REPORT
230

November 26, 2024
DISCUSSION:

City Council approved a contract with The Century Group on July 2, 2024. The contract limit is $100,000 and the term ends June 30, 2025. The City desires to amend this contract to increase the contract limit by $50,000, for a new not-to-exceed amount of $150,000 to ensure that the contract limit can accommodate a search for executive and hard-to-fill positions, as needed.

The Century Group has a deep expertise in Finance and Human Resources. And their experience is extremely useful when filling critical roles due to several factors: the specialized nature of the positions, competition from private sector salaries, and the overall appeal of public employment. The Century Group’s extensive knowledge and established network in these fields enable them to effectively identify and attract candidates who align with the City's needs. This efficiency helps reduce the time it takes to fill vacancies or to locate specialized temporary assistance.

The City is pleased with the services provided by The Century Group thus far and desires to amend the contract to increase the contract limit. The funding to cover the proposed amended contract limit is in the current budget.

DOCUMENTS ATTACHED:

Attachment 1 – The Century Group Contract
Attachment 2 – The Century Group Contract Amendment

231

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
[ ] A California corporation, [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]
[ ] other [specify:]

2. Term. The effective date of this Contract is ________________________ and terminates ______________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX

4. Contractor’s
Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with Exhibit A: Service Plan which is attached hereto and incorporated herein.

Human Resources Sharrone Taylor
[email protected] 510-620-6602
Recruitment and Temporary Staffing Services
The Century Group Executive Recruitment
1225 Treat Blvd. Suite 300
Walnut Creek, CA 94597
Frankie Ruiz,
40058548
Associate Director of Client Services
415-489-7409 [email protected]
X
July 2, 2024
July 2, 2025
100,000
13881
7119
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5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and incorporated herein.

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

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

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President or Vice President should sign below) By:

Title By:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit
B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 Managing Director
Century Group
8/29/2024
Mayor
233
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:

See "Terms and Conditions of Assignment" attached hereto. In the event of any contradiction between the Terms and Conditions of Assignment and the terms and conditions of the Contract, including Exhibit D, the terms and conditions of the Contract shall control.

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Professional Recruiting | Retained Search | Project & Interim Services Accounting ▪ Finance ▪ Tax ▪ Audit
www.century-group.com
(800) 337-9675
June 7, 2024 TERMS & CONDITIONS OF ASSIGNMENT
Human Resources Director
The City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Dear Sharrone,
Thank you for selecting Century Group Professionals, LLC. This letter agreement (“Agreement”) outlines the Terms and Conditions of Assignment and is made o n June 7, 2024 by and between The City of Richmond, a C
alifornia Corporation (“Client”) and Century Group Professionals LLC, a California limited liability company (“Century Group”).

I. Scope of Services. At Client’s request, from time to time, Century Group will provide its employees, agents, or representatives, including subcontractors ("Associates") to per form Interim and Project services under Client’s supervision in Accounting, Finance, Internal Audit and Tax (the “Services”), in accordance with the terms and conditions set forth herein, and for the fees set forth below.

The Century Group Associate assigned to perform services on the Risk Manager engagement is City of Richmond. As agreed, Century Group will invoice your organization at the base billing rate of $166.50 per hour (the “Billing Rate”), in accordance with Section III below.

II. Employment Status. The assigned Century Group Associate is an employee, agent or representative of Century Group. Century Group shall be responsible for: (a) paying the assigned Associates’ wages and providing them with the benefits that Century Group offers to them; (b) paying, withholding, and transmitting all federal, state and local withholding taxes, including payroll taxes, unemployment taxes, social security, state disability insurance, and all other payroll charges; (b) providing unemployment insurance and workers’ compensation benefits, and handling unemployment and workers’ compensation claims involving the assigned Associate; (c) complying with federal, state, a nd local labor and employment laws applicable to the assigned Associate; (d) complying with all provisions of the Affordable Care Act applicable to the assigned Associate; and (e) for Associates in California, providing sexual harassment and abusive conduct prevention training, as required by applicable law (time spent by the assigned Associate completing this training will constitute “hours worked” and will be billed to Client in accordance with Section III). Neither Century Group nor its assigned Associate shall be entitled to any employee benefits offered by Client to its employees. Each assigned Associate shall be assigned to Client on the basis of a particular job description and Client will not change the Associate’s job duties or responsibilities without the prior written approval of Century Group.

III. Professional Service Fees. The assigned Century Group Associate will present an electronic Time & Billing Statement to a Client representative for verification and electronic signature at the end of each week. A Client representative electronic signature on the Time & Billing State ment, each a separate and distinct contract for services, indicates Client’s acknowledgement and agreement with all Terms and Conditions of Assignment.

Assigned Associates are presumed to be nonexempt from laws requiring premium pay for overtime, holiday work, or weekend work. Client will be billed weekly for the total hours worked by the assigned Associate. Hours not requiring premium pay under applicable law will be billed to Client at the Billing Rate in Section I above.

Overtime or other premium pay will be billed to Client at one and one-half or double the Billing Rate, as required Sharrone Taylor
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by Federal and state laws. An additional flat fee of $8 per week, per Associate, will be billed to Client for any assigned Associate working remotely. Invoices are due upon receipt. Client agrees to comply with all applicable federal, state, and local laws, rules and regulations relating to this Agreement including, but not limited to, those requiring meal and rest breaks. In the event an assigned Associate misses a required meal break, Client will be billed for one additional hour at the regular Billing Rate. Each invoice will evidence a separate and distinct contract. If Client decides to use a Century Group Associate for additional engagements or if the nature and scope of an engagement changes, the hourly billing rate may change to reflect the changed nature of the engagement and the experience necessary to complete it. Please contact Century Group to discus s any adjustments.

IV. Acquisition Fees. Associates represent Century Group’s team of skilled professionals. In the event Client, its subsidiary or affiliated entity uses the services of any Century Group referred Associate as its direct employee, as an independent contractor, or through any pers on or firm other than Century Group within 365 days after the Century Group referral date or the Associate’s last day of engagement with Client through Century Group, whichever is later, Client agrees to pay Century Group an acquisition fee. Century Group’s acquisition fee is calculated in accordance to the following schedule:

Hours Worked Acquisition Fee
0 to 520 hours 25% of Associate’s first year annual base salary 520+ hours 22% of Associate’s first year annual base salary For purposes of this Agreement, a referral means the equivalent of any written presentation of a resume, of an Associate’s qualifications or employment history. Century Group’s Referral of an Associate, regardless of whether the Associate ultimately is ass igned to Client, entitles Century Group to the acquisition fee, unless Century Group is notified in writing of a prior Referral within 24 hours of Century Group’s Referral.

Prior referrals do not include social networking profiles, connections, database su bscriptions and internet searches.

V. Intellectual Property Rights . Century Group shall retain all rights, including, without limitation, all intellectual property rights, in all property owned or developed by it prior to the commencement of the engagement. To the extent that such property is incorporated into work produc t delivered hereunder, Century Group grants Client a non-exclusive, perpetual license to use, copy, and modify such property, as integrated onto any work product, for Client’s own purposes. Century Group shall have the unlimited right to use its knowledge, experience, and know -how including, without limitation, processes, ideas, concepts, tools, and techniques developed in the course of performing this Agreement that do not contain Client’s confidential or proprietary information, in other engagements.

VI. Confidentiality. Each party shall keep secret and retain in confidence, and shall not, without prior written consent of the other, furnish, make available or disclose to any third party, any information relating in any manner to the business or affairs of the other, excep t for such information as (i) was or becomes generally available to the public other than as a result of a wrongful disclosure by a party, (ii) was or becomes available to a party from a source which is not under an obligation of confid entiality, or (iii) a party is compelled to disclose by a final binding order of a court or agency of competent jurisdiction, provided that the disclosing party has given the other reasonable advance notice of such order and an opportunity to contest the s ame. No knowledge, possession, or use of Client’s confidential information will be imputed to Century Group as a result of the assigned Associate’s access to such information.

VII. Client Responsibilities. Client will provide to Century Group ’s assigned Associate, at its own cost and expense, all necessary equipment, supplies, data, and information to enable the assigned Associate to perform the engagement.

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As Client controls the facilities in which assigned Associate works, Client agrees that it is responsible for providing meal and rest break periods in compliance with applicable law, and, at its own cost and expense, for maintaining a safe worksite in compliance with the Occupational Safety and Health Act and comparable state laws and regulations thereunder, to the extent those laws apply to the Associate assigned to Client's worksite.

Supervision of the Century Group Associate’s work on Client’s premises (or wherever Client assigns the Associate) is Client’s responsibility. Client shall properly supervise, control, and safeguard its premises, processes, and systems, and shall be responsible for its own business operations, products, services and intellectual property. The assigned Associate shall report to Client personnel who shall provide appropriate assistance, guidance, and supervision. Neither Century Group nor the assigned Associates shall be responsible for any actions taken by the assigned Associates at the direction of Client personnel, nor for any errors or omissions made by assigned Associates in reliance upon information provided to them by Client or third parties.

Century Group’s services are provided for the exclusive benefit of Client. No materials generated as a result thereof may be used or relied upon by any third party for any reason whatsoever. Century Group is not a professional accounting firm and it is expressly understood that a Century Group Associate is not authorized to render an opinion on behalf of Century Group or on Client’s behalf on financial statements, nor is the assigned Associate authorized to sign the name of Century Group or sign the Associa te’s own name on financial statements or tax returns while on a Century Group engagement.

VIII. Regulatory Compliance . Client is, and will continue to be, solely responsible for establishing and maintaining an effective internal control system, including, without limitation, systems designed to assure compliance with policies, procedures, and applicable laws and regulatio ns. Management also has the responsibility to timely communicate material weaknesses or reportable conditions in internal controls, misstatements of financial statements, or similar matters to its external auditors, the Audit Committee, the Board of Directors, and when required, regulators.

IX. Operation of Machinery or Automotive Equipment . Client understands, acknowledges and agrees that Century Group will not authorize an Associate to operate machinery (other than office machines) or automotive equipment. The insurance furnished by Century Group does not cover physical loss, damage or liability caused by the operation of the Client’s automotive equipment. Client accepts full responsibility for bodily injury, property damage, fire, theft, collision or public liability damage claims, any of which may be caused as a result of an accident while an assigned Associate is driving Client’s vehicle or is operating Client’s machinery, whether owned or rented.

X. Handling Cash. A Century Group Associate may not handle cash, negotiables or other valuables without the written consent of Century Group and then only under Client’s direct supervision. An Associate may not, under any circumstances, transport or convey monies, securities or any negotiable instruments (including, but not limited to, delivering bank deposits to a bank or other institution).

XI. Interest and Penalties. Century Group reserves the right to collect interest or other penalty from Client for promptly submitted invoices upon which payment is not received within forty-five (45) days of the invoice date.

Specifically, Century Group Professionals shall be entitled to a late charge of the lesser of (i) 1.5% per month or (ii) the highest rate allowable by law, in each case compounded monthly to the extent allowable by law. Century Group reserves the right to withdraw all Associates provided to Client and to cease performing services hereunder if any invoice is not promptly paid when due.

XII. Costs of Collection . Each invoice will evidence a separate and distinct contract for services . Unless otherwise prohibited by the law of the state where this assignment occurred, in the event Client fails to pay the charges of Century Group when due, then Client agrees to pay all costs of collection incurred by Century Group Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 237
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including reasonable attorneys’ fees, whether or not suit is initiated.

XIII. Limits on Liability.

XIV. Indemnification.

XV. Compliance with Law. Both parties represent and warrant to each other that they are in compliance with all applicable laws. Client and Century Group affirm and agree that they are equal employment opportunity employers and are in full compliance with all applicable anti-discrimination laws, rules, and regulations. Client and Century Group agree not to harass, discriminate against, or retaliate against any employee of the other because of his or her race, national origin, age, sex, religion, disability, marital status, or other category protected by applicable Federal, state or local law; nor shall either party cause or request the other party to engage in such discrimination, harassment, or retaliation. In the event of any complaint of unlawful discrimination, harassment, or retaliation by the assigned Associate, Client and Century Group agree to cooperate in the prompt investigation and resolution of such complaint. Client and Century Group affirm and agree that for purposes of all statutory and regulatory requirements for employee leaves of absence, including the
Family and Medical Leave Act and any similar state or local law, Client and Century Group shall cooperate in compliance with any such requirements.

XVI. Governing law, jurisdiction, and venue .

XVII. Attorneys’
Fees.

XVIII. Complete Agreement. This Agreement, together with any exhibits attached hereto, is executed and delivered with the understanding that it embodies the entire agreement between the parties and that there are no other representations, warranties, or agreements relating to the subject matter herein.

XIX. Miscellaneous. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. Each provision of this Agreement will be considered severable, such that if any one Intentionally omitted.

Intentionally omitted.

Intentionally omitted.

Intentionally omitted.

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provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. Client will not transfer or assign this Agreement without Century Group’s written consent.

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Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract , Contractor shall be compensated in the manner set forth herein.
b. 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.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address: Attention:

City
of Richmond Finance/Account Payable
Project Manager: Sharrone Taylor, Human Resources
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, Sharrone Taylor, Human Resources before payments shall be authorized.

4. 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.

5. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is
authorized.

6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

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Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of: actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

Sharrone Taylor, Human Resources
City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Frankie Ruiz, Associate Director of Client Services
Business Name The Century Group
Street Address 1225 Treat Blvd. Suite 300
City, State Zip Walnut Creek, CA 94547
Email:
___
[email protected]____________________________________ _______________
450 Civic Center Plaza, Suite 310
[email protected]
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Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

C o n t r a c t o r h e r e b y d e c l a r e s t h a t C o n t r a c t o r i s e n g a g e d a s a n i n d e p e n d e n t b u s i n e s s a n d C o n t r a c t o r a g r e e s t o p e r f o r m t h e s e r v i c e s a s a n i n d e p e n d e n t c o n t r a c t o r . T h e m a n n e r a n d m e a n s o f c o n d u c t i n g t h e s e r v i c e s a n d t a s k s a r e u n d e r t h e c o n t r o l o f C o n t r a c t o r e x c e p t t o t h e e x t e n t t h e y a r e l i m i t e d b y s t a t u t e , r u l e o r r e g u l a t i o n a n d t h e e x p r e s s t e r m s o f t h i s C o n t r a c t . N o c i v i l s e r v i c e s t a t u s o r o t h e r r i g h t o f e m p l o y m e n t w i l l b e a c q u i r e d b y v i r t u e o f C o n t r a c t o r ’ s s e r v i c e s . N o n e o f t h e b e n e f i t s p r o v i d e d b y t h e C i t y t o i t s e m p l o y e e s , i n c l u d i n g b u t n o t l i m i t e d t o u n e m p l o y m e n t i n s u r a n c e , w o r k e r s ’ c o m p e n s a t i o n p l a n s , v a c a t i o n a n d s i c k l e a v e , a r e a v a i l a b l e f r o m t h e C i t y t o C o n t r a c t o r , i t s e m p l o y e e s o r a g e n t s . D e d u c t i o n s s h a l l n o t b e m a d e f o r a n y s t a t e o r f e d e r a l t a x e s , F I C A p a y m e n t s , P E R S p a y m e n t s , o r o t h e r p u r p o s e s n o r m a l l y a s s o c i a t e d w i t h a n e m p l o y e r - e m p l o y e e r e l a t i o n s h i p f r o m a n y c o m p e n s a t i o n d u e t o C o n t r a c t o r . P a y m e n t s o f t h e a b o v e i t e m s , i f r e q u i r e d , a r e t h e r e s p o n s i b i l i t y o f C o n t r a c t o r .

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION :

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 242
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affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or
caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. 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 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor
without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract
.
7 . RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

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Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment

8. PERMITS AND LICENSES :

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder. The failure to obtain such permits and licenses 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.
9 . TERMINATION :
a . T e r m i n a t i o n W i t h o u t D e f a u l t . Notwithstanding any provision herein to the contrary, the 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 transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. 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 Contr
act, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including at torney'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.

10. CONFLICT OF INTERES T:

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.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers ( “Indemnitees”) from and against any
and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 244
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.

Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b.

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 that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT :
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 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. b. Contractor
shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. 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. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 245
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by
sub-contractors shall be subject to
each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor:
“Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work produc
t.
13 SAFETY:
a . Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and
complete responsibility for the safety of Contractor's employees and any of subcontrac tor's employees This requirement will apply continuously and not be limited to normal working hours.

In addition, Contractor will comply with all safety provisions in conformance with U.S.

Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 246
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor s hall abide by the insuranc e requirements set forth in said Exhibit F.

15. COMPLIANC E WITH A L L A P P L I C A B L E LAWS :
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the
manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. 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. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance.

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 as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works,
goods or services to refrain from discriminatory employment or 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 sub-contractor .
d. 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.

16. INTEGRATED CONTRACT :

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 247
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. 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 Condition 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. 1 8 . FORCE MAJE URE:

Neither party hereto shall be considered in default in the performance of its obligations her eunder to the extent that the performance of such an obligation is prevented or dela y ed 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 regulat ions 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.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CL
A IMS:

Any claim by Contractor against Cit y hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified suc h 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.

21. INTERPRETATION :

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

22. WARRANTY :

If any product is be provided to the City as part of this Contract, Contractor warrants as follo ws: Co ntractor possesses good title to the product and the right to transfer the product to Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 248
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
City; the product shall be deliv ered to the City fr ee 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 dat e of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenan ce 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 pr omptly performed by Contractor, at Contractor's expen se, including s hipping.

23. SEVERABILI T Y :

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 provisio ns of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining pr ovis ions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or t he City Manager) is duly authoriz ed to enter into and exec ute this Contract on behalf of City.

The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and exec ute this Contract on behalf of Contractor, and shall be personally liable to City if they are not duly author ized to enter into and exec ute this Contract on behalf of Contractor.

25. 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 Contr actor’s performance, or payment
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 ac tion for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument
.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 249
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 250
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 251
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment

EXHIBIT F

INSURANCE PROVISIONS
___ Check here if Risk Management has approved waiving insurance requirements for this contract.
a. Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (5) Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond. Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Contract. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE REQUIREMENTS :

Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 252
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Contractor’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each occurrence
Technology professional liability errors and omissions shall include, or be endorsed to include: property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Contractor. If not covered under Contractor’s liability policy, such “property” coverage of the City may be endorsed onto Contractor’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Contractor. (5) Cyber Liability:

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.

Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 253
Contract No: For the Contract between the City of Richmond and The Century Group Executive Recruitment
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Contractor hereby agrees to waive rights of subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. Any additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured coverage under Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE :

The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 254
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE 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):FAXE-MAILADDRESS: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 onthis 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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)(Ea accident)$
$
N / A

SUBRWVDADDLINSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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 DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT

AUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITY Y / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIABUMBRELLA LIAB $EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC

CERTIFICATE OF LIABILITY INSURANCEDATE (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

HIREDAUTOS ONLY
95630
1,000,000
2,000,000
100,000
2,000,000
C
A
10,000
X
X
X
10,000
X
X
CA
8/10/24
5/10/24
00955250-1
PHPK2684017
1,000,000
[email protected]
2/10/25
5/10/25
HSB SPECIALTY INSURANCE CO.

X
X
CENTURY GROUP INTERNATIONAL, LLC.

FIRE/LEGAL
(916) 496-8750
100,000
CA
PHPK2684017
90245
A
17914
5/10/24
11150
PHUB910814
24260
222 PACIFIC COAST HIGHWAY., STE. 2150
24074
5/10/25
11452
X
X
Y
08/13/2024
5,000,000
5,000,000
P.O. BOX 6360
B
NSWCC0012803
NSWCC0012703

EL SEGUNDO
1/1/25
1/1/24
X
CENTURY GROUP PROFESSIONALS, LLC.
1,000,000
1,000,000
E
A
A
D
1,000,000
6699861-03
17176197
17176197
018232280

CYBER LIABILITY

PROFESSIONAL LIABILITY
D&O
CRIME (3RD PARTY)
5/10/25
5/10/25
5/10/25
9/26/24
5/10/24
5/10/24
5/10/24
9/26/23
LIMIT $1,000,000
LIMIT $1,000,000/2,000,000
LIMIT $1,000,000/1,000,000
LIMIT $1,000,000
Jeffry D. Proul

PHILADELPHIA INSURANCE COMPANIES

ARCH INSURANCE COMPANY

PROGRESSIVE INSURANCE COMPANY
THE OHIO CASUALTY INSURANCE CO.

A
X
VITAL SIGNS INSURANCE SERVICES, INC.

FOLSOM
City of Richmond
450 Civic Center Plaza
Richmond, CA 9480
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. The contractors insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers.

X
(916) 496-8754
X
Contractual Liability INCL
5/10/25
5/10/24
4,000,000
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 255

CITY OF RICHMOND
Sanctuary City Compliance Statement

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
Exhibit G
Docusign Envelope ID: 67E457B0-CC94-48EB-B172-91580429B5D0 Carolyn Sweeney Managing Director
Century Group
8/29/2024
256

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

257
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.

258
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

259
___ 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.
260
___ 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.

261
___ 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.

262
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE 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):FAXE-MAILADDRESS: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 onthis 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. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)(Ea accident)$
$
N / A

SUBRWVDADDLINSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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 DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT

AUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITY Y / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIABUMBRELLA LIAB $EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC

CERTIFICATE OF LIABILITY INSURANCEDATE (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

HIREDAUTOS ONLY
95630
1,000,000
2,000,000
100,000
2,000,000
C
A
10,000
X
X
X
10,000
X
X
CA
8/10/24
5/10/24
00955250-1
PHPK2684017
1,000,000
[email protected]
2/10/25
5/10/25
HSB SPECIALTY INSURANCE CO.

X
X
CENTURY GROUP INTERNATIONAL, LLC.

FIRE/LEGAL
(916) 496-8750
100,000
CA
PHPK2684017
90245
A
17914
5/10/24
11150
PHUB910814
24260
222 PACIFIC COAST HIGHWAY., STE. 2150
24074
5/10/25
11452
X
X
Y
08/13/2024
5,000,000
5,000,000
P.O. BOX 6360
B
NSWCC0012803
NSWCC0012703

EL SEGUNDO
1/1/25
1/1/24
X
CENTURY GROUP PROFESSIONALS, LLC.
1,000,000
1,000,000
E
A
A
D
1,000,000
6699861-03
17176197
17176197
018232280

CYBER LIABILITY

PROFESSIONAL LIABILITY
D&O
CRIME (3RD PARTY)
5/10/25
5/10/25
5/10/25
9/26/24
5/10/24
5/10/24
5/10/24
9/26/23
LIMIT $1,000,000
LIMIT $1,000,000/2,000,000
LIMIT $1,000,000/1,000,000
LIMIT $1,000,000
Jeffry D. Proul

PHILADELPHIA INSURANCE COMPANIES

ARCH INSURANCE COMPANY

PROGRESSIVE INSURANCE COMPANY
THE OHIO CASUALTY INSURANCE CO.

A
X
VITAL SIGNS INSURANCE SERVICES, INC.

FOLSOM
City of Richmond
450 Civic Center Plaza
Richmond, CA 9480
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. The contractors insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers.

X
(916) 496-8754
X
Contractual Liability INCL
5/10/25
5/10/24
4,000,000
263

November 26, 2024

Library and Community Services

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

LaShonda White, Deputy City Manager - Community
Services
Ranjana Maharaj, Deputy Director of Community
Services-Recreation
Stephanie Ny, Associate Administrative Analyst
Subject: Contract with Richmond Community Foundation for Fiscal Sponsorship of Neighborhood Council Events and
Projects
FINANCIAL IMPACT: The proposed $250,000 expenditure is funded by the Local Government: Connecting Neighbors to Neighbors
grant from the State of California, Governor’s Office of Planning and Research. The expenditure is included in
the within the approved fiscal year 2024-2025 budget
(10651051-400201-25004).

PREVIOUS COUNCIL
ACTION:

April 16, 2024

STATEMENT OF THE
ISSUE:

As part of the Local Government: Connecting Neighbors
to Neighbors grant, neighborhood councils will receive
direct funding to host projects and events that engage
their neighbors. The Community Services Department,
Recreation Division is requesting City Council approval of a contract with Richmond Community Foundation to
serve as a fiscal sponsor and pass-through funds to
neighborhood councils.

AGENDA
REPORT
264

November 26, 2024
RECOMMENDED ACTION:

APPROVE a grant-funded contract with Richmond
Community Foundation for neighborhood engagement in
an amount not to exceed $250,000, and for a term
commencing December 1, 2024 and ending December
31, 2025. – Community Services Department (Stephanie
Ny 510-620-6563/LaShonda White 510-620-6828).

DISCUSSION:

On April 16, 2024, the City Council adopted a resolution to accept and appropriate the Local Government: Connecting Neighbors to Neighbors (“Neighbor-to-Neighbor) grant in the amount of $750,000 from State of California, Governor’s Office of Planning and Research to support neighborhood engagement. The City of Richmond is one of nine agencies selected through a statewide competitive process. The grant is being administered by the Community Services Department, Recreation Division (“Recreation”).

The Neighbor-to-Neighbor program seeks to build on evidence-based practices to create strong networks in and across neighborhoods that support one another as well as jointly tackle shared community challenges. The grant priorities include mitigating community isolation, increasing volunteer participation, and improving social connectedness. More information on the Neighbor-to-Neighbor grant can be found at:
https://www.ci.richmond.ca.us/4681/Neighbor-to-Neighbor

Through December 2025, neighborhood councils will plan approximately 80 neighborhood events that align with these priorities. Through the grant, eligible events include:
 Community engagement events, such as a large-scale public workshop or back- to-school fair, that are focused on neighborhood support and recognition.  Climate action or disaster preparedness activities, such as tree planting or home gardening.
 Local volunteer opportunities, such as community garden work, food distribution, or a neighborhood clean-up that leverages parks and community facilities.  Training opportunities addressing environmental or resiliency issues specific to the neighborhood, such as earthquake preparedness, wildfire response, and first aid/CPR.

Grant deliverables completed to date include:
 Six kickoff parties hosted by 8 neighborhood councils  Two other neighborhood events
 Development and administration of the Neighbor-to-Neighbor survey to gather feedback on social connectedness, neighborhood events, and emergency preparedness
265

November 26, 2024
 Administration of 6 neighborhood focus groups to further discuss social connectedness on the neighborhood level and priorities for neighborhood events and projects

Fiscal Sponsor Selection Process
To facilitate direct access to funds for neighborhood councils, Recreation solicited qualifications from four Richmond nonprofit organizations to serve as fiscal sponsors for a fiscal sponsorship fee of $26,000. Of the four organizations, two declined to participate, and one did not respond, leaving the Richmond Community Foundation (RCF Connects) as the only organization to accept the role.

Organization Response
Pogo Park Declined
West Contra Costa Public Education Fund Declined
Neighborhood Housing Services No response
Richmond Community Foundation Accepted

RCF Connects’ mission is to mobilize the power of connection to build healthy, thriving, and equitable communities. For years, RCF Connects has led innovative initiatives in partnership with the City of Richmond and has fiscally sponsored numerous community projects.

For the Neighbor-to-Neighbor program, RCF Connects will serve as a fiscal sponsor for neighborhood councils, passing through funds to the neighborhood councils. City staff request City Council approval of the contract with RCF Connects, which will ensure Neighbor-to-Neighbor events and projects can be executed efficiently by neighborhood councils through December 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Contract with Richmond Community Foundation

266

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

Communty Services-Recreation
Stephanie Ny
[email protected]
(510) 620-6563
9235
Serve as a pass through of Neighbor-to-Neighbor grant funds to neighborhood councils.

Richmond Community Foundation
3260 Blume Drive, Suite #110
Richmond, CA 94806
Jim Becker
(510) 234-1200
[email protected]
40053126
December 1, 2024
December 31, 2025
250,000.00
267

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

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

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

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

11. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G

Richmond Community Foundation
268
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager ( set forth in Exhibit B) , perform the following services and be compensated as outlined below [or attach service plan if necessary]:

Richmond Community Foundation
RCF Connects (“RCF”) will fulfill the following responsibilities:
• Fiscally sponsor neighborhood councils participating in the Neighbor-to-Neighbor program through December 31, 2025 by entering into a Grant Award Agreement with each neighborhood council. A template Grant Award Agreement is attached hereto and incorporated herein by this reference.
• Provide insurance to cover each fiscally sponsored neighborhood council’s grant-funded activities.
• Disburse funding to each neighborhood council upon direction from City staff. • Provide neighborhood councils with the option of RCF completing expenses on their behalf. • Provide financial reports on a quarterly basis.
• Direct neighborhood councils to the City to:
o Request approval of proposed project scopes and expenses for proposed grant-funded events
o Submit grant report packages
• Return unspent grant funds at the end of the grant period.

The City of Richmond (“City”) will fulfill the following responsibilities:
• Enter into the RCF Connects Fiscal Sponsorship Agreement attached hereto and incorporated herein by this reference.
• Direct disbursement of funds to neighborhood councils. • Provide reporting templates to neighborhood councils. • Review and approve proposed project scopes and expenses for each proposed grant-funded event.
• Receive grant report packages directly from neighborhood councils.

Joint responsibilities:
• Provide training to neighborhood councils to build capacity and ensure grant compliance. • Exchange data and information as necessary.
• Meet on a monthly basis to align and review services.

Payment terms:
• All funding shall be provided upfront upon execution of the contract and receipt of invoice. • RCF Connects shall receive a fiscal sponsorship fee of $26,000. • The balance of $224,000 shall be used for direct support to neighborhood councils, disbursed upon direction from City staff.
• Unspent grant funds shall be returned at the end of the grant period. 269

1 Grant Award Agreement
Grant Recipient:

Grant Award:

Grant Period:

Reports:

I. Complete Agreement: This grant agreement between the Richmond Community Foundation and ___________________, consisting of this page and all additional pages, Exhibits, Attachments, and Schedules attached hereto and incorporated herein, contains the entire agreement between the parties hereto with respect to the transaction contemplated herein and shall supersede all previous oral and written and all contemporaneous oral negotiations, writings, commitments and understandings.

II. Notice: Correspondence between the parties shall be addressed to the corporation officers. Grant recipient shall notify the Richmond Community Foundation concerning changes to contacts, address, etc.

Richmond Community Foundation
3260 Blume Drive, Suite 110
Richmond, CA 94806

III. Purpose of the Grant: The primary purpose of this grant is for the grantee to provide services for _____________________________________________________________________________ IV. Grant Conditions: Under the terms of this agreement, Richmond Community Foundation agrees to provide funds up to the total listed above for the project based upon the following conditions:
• Restrictions on Use of Funds: Funds shall be used solely for ___________. No funds provided for this grant may be used to support litigation expenses or lobbying activities – defined as attempting to persuade members of any legislative or administrative branch (local, state, tribal, or federal) to enact, defeat, repeal, or amend legislation or regulations of any kind. • Unused Funds and Reversion: This grant is intended to support the project for the specified grant period. Any portion of the total grant not expended at the end of the grant period shall be returned to the Richmond Community Foundation within sixty (60) days of the end of the grant period.
• Assignment of Rights and Benefits: Except as otherwise specifically provided for in Section XI of this agreement, the grant recipient has not and shall not assign or convey any rights, benefits, obligations, or liabilities which would interfere with the obligations contained in this Agreement. 270

2 V. Payment of Grant Funds: An initial payment of the grant funds will be disbursed by the Richmond Community Foundation to the grant recipient when the Richmond Community Foundation is in receipt of an executed Copy of this Agreement. The balance of funds will be distributed in equal amounts as the funds are received.

VI. Sub-Grantees: The grant recipient shall not make sub-grants to other persons or entities without prior written consent of the Richmond Community Foundation which consent shall be in the Foundation’s sole discretion and the Foundation may impose additional conditions to its consent as it deems appropriate. Any such sub-grant if approved shall not however relieve the grant recipient from responsibility or liability for compliance with all of the terms and conditions of this Agreement.

VII. Reporting Requirements: The grant recipient shall keep the Richmond Community Foundation informed of project progress through the submission of a final project report within 30 days of the end of the grant period. The grant recipient shall keep the Richmond Community Foundation informed of any potential challenges to successfully implementing the project.

VIII. Publicity and Acknowledgement of Support: The grant recipient shall give appropriate credit to the Richmond Community Foundation for its financial support in any and all press releases, publications, annual reports, video credits, dedications and other public communications regarding the services performed pursuant to this agreement, including but not limited to any tangible final products produced pursuant to this agreement. Copies of such materials shall be provided to the Richmond Community Foundation for review. The grant recipient hereby grants the Richmond Community Foundation the right and authority to publicize the Foundation’s financial support for this project in press releases, publications, and other public communications of any type including, without limitation, digital and web publications, and to use the grant recipient’s name, likeness, logo or other official representation of the grant recipient in such communications.
• Web Site Links: The grant recipient grants revocable permission to the Richmond Community Foundation to place links to the grant recipient’s web site on the Foundation’s web site. The Richmond Community Foundation grants revocable permission to the grant recipient to place links to the Foundation’s web site on the grant recipient’s web site.

IX. Termination: Not withstanding anything to the contrary contained in this agreement, should the grant recipient or any sub-grantee materially fail to comply with any of the conditions of this agreement, the Richmond Community Foundation may, at its reasonable discretion, immediately terminate the grant. In the event of termination, the Richmond Community Foundation may cancel all unpaid installments of the total grant. The Richmond Community Foundation also reserves the right to recall any or all funds should the Foundation determine that they have been expended in material violation of the terms of this agreement. The Richmond Community Foundation will provide the grant recipient with written notice of such termination, the reason’s therefore, and the amount of funds to be returned. The grant recipient shall return the Foundation for such funds within thirty (30) days of receipt of such notice. This grant may also be terminated by mutual agreement. 271

3 X. Additional Support: In making this grant, the Richmond Community Foundation assumes no obligation to provide further funding or support to the grant recipient beyond the terms stated herein.

Contributions made to the grant recipient under this agreement do not by direct reference or implication convey the Foundation’s endorsement of the grant recipient’s activities.

XI. Arbitration and Choice of Law: All claims, disputes, and other matters in question arising out of or relating to this agreement, its interpretation or breach shall be decided exclusively through arbitration by a person or persons mutually acceptable to both the Richmond Community Foundation and the grant recipient. Notice of the demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final.

XII. Waiver: Failure by the Richmond Community Foundation to enforce, or delay by the Foundation in enforcing, any terms and conditions of this agreement shall not be deemed a waiver, continuing waiver, or a modification of this agreement unless the waiver or modification is expressly written and signed by the Richmond Community Foundation and the grant recipient.

XIII. Severability: If any provision of this agreement is held to invalid, illegal, or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this agreement be interpreted to remain valid, enforceable, and binding on the parties.

XIV. Compliance with Laws and Indemnification: In conducting its activities related to the project, the grant recipient shall conduct and shall ensure that any sub-grantee or sub-contractors will conduct all such activities in compliance with all applicable federal, state, and local laws, regulations and ordinances; to secure all necessary public or private permits and consents; and obtain and maintain all appropriate insurance, or self-insure against liability for injury to persons or property arising from its activities relating to the project. The grant recipient shall and will ensure that it, its sub-grantees and sub-contractors shall hold harmless the Richmond Community Foundation, its officers, directors, agent, and employees in respect of any and all claims, injuries, losses, diminution in value, damages, liabilities, whether or not currently due, and expenses (including without limitation, settlement costs and any legal or other expenses for investigating or defending any actions or threatened actions arising from or in connection with the project, including but not limited to environmental laws, regulations, orders and decrees of whatever character or nature and damage or injury to persons or property). This covenant will survive termination of this agreement.

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4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the date listed below,
Dated as of ______________
In signing this document, the Grant Recipient signatories acknowledge that they have been authorized by the grantee agency, to sign on its behalf, that they have read and understand the entire grant agreement and that the grant recipient accepts and agrees to its terms and conditions. The Agreement shall not be effective until the Foundation has received an executed copy of this Agreement from the grant recipient and has signed and re-conveyed a copy of the entire agreement to the grant recipient.

Grantee: Labor of Love
By: Signature: ______________________________
Richmond Community Foundation:

By: James Becker, President and CEO Signature: _ 273

FISCAL SPONSORSHIP AGREEMENT

This Fiscal Sponsorship Agreement ("Agreement") is made on May 10, 2021 by and between the Richmond Community Foundation (referred to herein as "the Sponsor") and City of Richmond Neighbor-to-Neighbor.

The Sponsor: Th e Sponsor is a nonprofit corporation, exempt from federal tax under section 501(c)(3) of the Internal Revenue Code, as amended (the “Code”). It is formed for purposes which, according to its bylaws, shall be organized and operated exclusively for charitable, scientific and educational purposes. The Sponsor organization is formed to fulfill the expressed mission of harnessing the power of philanthropy to build healthy, sustainable communities throughout Richmond and Contra Cost County.

The Project: The Project has been formed to fulfill the expressed goals of engaging neighborhood councils to mitigate community isolation, increase volunteer participation, and improve social connectedness in Richmond neighborhoods.

The A
greement : The Sponsor is willing to receive tax-deductible charitable contributions on behalf of the Project. The Project, with the administrative assistance of the Sponsor, desires to use these funds to implement the Project's purposes.

By ent
ering into this Agreement, the parties agree to the following terms and conditions:

1. Receipt of Funds: The Sponsor agrees to receive contributions and gifts, including but not limited to grant funding if awarded, to be used for the Project, and to distribute those funds to the Project.

2. Reporting C haritable Donations: The Sponsor agrees that all contributions it receives for the Project will be reported as contributions to the Sponsor as required by law. The Sponsor agrees to notify the Project of any change in its tax-exempt status.

3. Protection of Tax-Exempt Status: The Project agrees not to use funds in any way that would jeopardize the tax-exempt status of the Sponsor. The Project agrees to immediately comply with any written request by the Sponsor that it cease activities which, in Sponsor's sole opinion, might jeopardize the Sponsor's tax status, and further agrees that the Sponsor may suspend its obligation to make funds available or terminate this Agreement in the event that the Project fails to comply with any such request. Any changes in the purpose for which contributions are used must be approved in writing by the Sponsor before implementation. The Sponsor retains the right, if the Project breaches this Agreement, or if the Project jeopardizes the Sponsor's legal or tax status, to withhold the funds and distribute to other projects which meet our charitable purpose

4. Use of Funds : The Sponsor also authorizes the Project to make expenditures, which do not exceed total contributions for the Project, on its behalf for use in the Project. The Project agrees to use any and all funds received from the Sponsor solely for legitimate expenses of the Project 274

and to account fully to the Sponsor for the disbursement of these funds. The Sponsor will pay for the Project's direct expenses out of contributions received on behalf of the Project.

5. Financial A ccounting and Reporting: The Sponsor will maintain books and financial records for the Project in accordance with generally accepted accounting principles. The Project's revenue and expenses shall be separately recorded in the books of the Sponsor. The Sponsor will provide the Project with reports reflecting revenue and expenses to the Project on a monthly basis. The Sponsor will also provide the Project with an annual report, within three months following the end of the fiscal year of the Sponsor.

6. Sponsor Sup ervision, Control and Governance: The Project will provide the Sponsor with copies of all grant applications, recommendations regarding grant awards and other documentation reasonably required by the Sponsor to enable it to fulfill its obligations as a fiscal sponsor. Authority to manage the programmatic activities of the Project is delegated to its Steering Committee, subject at all times to the ultimate direction and control of the Sponsor's Board of Directors.

7. Fundraising: The Project may solicit contributions that are earmarked for the activities of the Project. The Sponsor shall be responsible for the processing and acknowledgment of all monies received for the Project, which shall be reported as the income of the Sponsor for both tax purposes and for purposes of the Sponsor's financial statements. The Sponsor's President & CEO co-signs all original letters of inquiry.

8. Grants: The Project may also solicit grants on behalf of the Sponsor that are earmarked for the activities of the Project. The Project's sources of funding for grants and the text of the Project's grant applications are subject to approval by the Sponsor. The Sponsor's President & CEO must co-sign all grant applications or proposals. All grant agreements, pledges, or other commitments with funding sources to support the Project shall be executed by the Sponsor. The Sponsor must be copied, at least one week in advance, on all report submissions. Advance approval by the Sponsor is required for any application for government or public agency grants. As with other fundraising, the Sponsor shall be responsible for the processing and acknowledgment of all grant monies received for the Project, which shall be reported as the income of the Sponsor for both tax purposes and for purposes of the Sponsor's financial statements.

9. Remuneration to th e Sponsor: In addition to serving as fiscal sponsor for the Project, the Sponsor will provide administrative support to the Project. The Project agrees that, in exchange for the administrative cost of financial accounting, human resources, organizational development, and other support provided by Sponsor, the Project will include in each funding or grant proposal, a 10% administrative cost item.

10. Communications a nd Brand Identity: The Project agrees to use the letterhead and other brand identity items provided by the Sponsor. The Project shall not create new logos, signs, or other marks, or grant others the right to use such logos, signs or other marks, without the approval of the Sponsor.
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11. Term of Agreement/Renewal: This Agreement will remain in force until December 31, 2025 or until it is terminated with 30 days' written notice by either the Sponsor or the Project whichever date is sooner.

12. Termination: Either party may terminate this Agreement by giving 30 days' written notice to the other party. The foregoing notwithstanding, if the Sponsor reasonably determines that its continued fiscal sponsorship of the Project may jeopardize the Sponsor's tax-exempt status, the Sponsor may terminate this Agreement immediately upon notice to the Project.

12. Successor Sp
onsor: If the Project will continue to exist but the Sponsor terminates the Sponsor's fiscal sponsorship of the Project, the Project may identify another nonprofit corporation that is tax-exempt under IRC Section 501(c)(3), is not classified as a private foundation under Section 509(a), and that is willing and able to sponsor the Project (the "Successor"). If a Successor is found, the balance of assets held by the Sponsor for the Project, together with any other assets held or liabilities incurred by the Sponsor in connection with the Project, shall be transferred to the Successor as soon as administratively practicable, subject to the approval of any third parties (including funding sources) that may be required. If the Project has formed a new organization qualified to be a Successor as set forth in this Paragraph, such organization shall be eligible to receive all such assets and liabilities so long as such organization has received a determination letter from the Internal Revenue Service which states the new organization is exempt from federal tax under section 501(c)(3) of the Internal Revenue Code. If no Successor is found, the Sponsor may allocate the Project's assets and liabilities in any manner consistent with applicable tax and charitable trust laws and other obligations.

13. Employment: Unless otherwise agreed, and subject to the terms and conditions of any Employment Agreement, all personnel to be compensated for working at the Project shall be at- will employees of the Sponsor and s ubject to the same personnel policies and benefits that apply to all employees of the Sponsor, subject to the law of the state in which the employee works. No employee can be hired without approval of the Sponsor.

14. Waiver and A cknowledgment: The Project acknowledges that the Sponsor will devote such time to the management of the Project's funds and to general supervision of the Project as it sees fit and in its sole discretion. The Project hereby waives and releases the Sponsor from any and all claims, loss, damage, liability and expense, including without limitation attorney's fees and costs (collectively "Claims"), known or unknown, arising out of or in any way related to the Project, except damages arising solely from the Sponsor's gross negligence or willful misconduct.

15. Severability: Each provision of this Agreement shall be separately enforceable, and the invalidity of one provision shall not affect the validity or enforceability of any other provision.

This Agreement shall be interpreted and construed in accordance with the laws of the State of California.

16. Entire A greement: This Agreement constitutes the only agreement, and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof. This Agreement may not be amended or modified, except in a writing 276 signed by all parties to this Agreement.

By s
igning below, both parties agree to execute this Agreement on the day and year first written above.

SPONSOR:

By:

President & CEO
Dat
e: April 15, 2024
PROJECT:

By:
_____________________
Date:
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, 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.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.

a. 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.

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.

Stephanie Ny
Stephanie Ny
Richmond Community Foundation
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ Stephanie Ny
[email protected]
Richmond Community Foundation
Richmond Community Foundation
3260 Blume Drive, Suite #110
Richmond, CA 94806
[email protected]
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_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Richmond Community Foundation
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_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. 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 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:

a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

Richmond Community Foundation
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_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses 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.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the 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 transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; 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.

10. 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 Richmond Community Foundation
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_____________________________
this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. 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 that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 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.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Richmond Community Foundation
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_____________________________
money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. 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.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Richmond Community Foundation
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. 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.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. 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.

b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. 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 as prescribed in § 2.60.070 of the Municipal Code.

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or 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 sub-contractor.

d. 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.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. 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 Condition 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.

18. 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.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Richmond Community Foundation
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. 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.

21. INTERPRETATION:

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

22. WARRANTY:

If any product is 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.

23. 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 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.

24. 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 they are duly authorized to enter into and execute this Contract on behalf of Contractor, Richmond Community Foundation
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. 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 payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.

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EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):

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EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

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” located 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).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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Automobile Liability (If auto is
used.)
$1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)

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. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

SAMPLE ENDORSEMENT 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.

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.

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.

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

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

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

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

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

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

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

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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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