Agenda — Richmond City Council, January 28, 2025 (part 1 of 2)

PLEASE NOTE: HYBRID MEETING FORMAT

- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, January 28, 2025, 4:30 p.m.

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

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Vice Mayor, District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6

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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.

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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 in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary 1-28-25 CC Mtg.
3 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
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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 REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 425 24th Street, Richmond, CA 94804 (Homekey Program at Motel 6 location)
Agency Negotiators: Nannette Beacham, Lina Velasco, Jesus Morales
Negotiating Parties: Novin Development, Insight Housing Under negotiation: Price and terms of payment
•
C.2 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.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Attorney•
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (PARAGRAPH (1) of Subdivision [d] of Government Code Section 54956.9) The Guidiville Rancheria of California, et al., v. The United States of America, et al.
•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 1-28-25 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. 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)
N. 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.)
N.1 City Attorney's Office
N.1.a Interim Urgency Ordinance re Moratorium on Parklets within the City 10 APPROVE the Interim Urgency Ordinance to establish a 45-day moratorium on the establishment of new Parklets, expansion of existing Parklets, or the extension of the term of existing Parklets within City limits to allow for the City’s review and adoption of permanent zoning regulations for such uses to ensure public health, safety, and welfare - City Attorney’s Office (Dave Aleshire 510-620- 6509).

N.2 City Council
N.2.a Explore providing additional legal protections to undocumented immigrants who reside in Richmond
20 DIRECT the City Attorney’s Office to review the City of Richmond’s current legislation protecting undocumented immigrants and to examine legislation and current activity at the federal, state and local levels in other jurisdictions and to provide recommendations on ways to provide additional protections for undocumented immigrants in line with the State of California, San Francisco and other local communities - Councilmembers Claudia Jimenez (510-620-6565) and Doria Robinson (510-620-6568).
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6 N.3 Economic Development
N.3.a Contract with CSW/Stuber-Stroeh Engineering Group, Inc. 28 APPROVE a sole-source contract with CSW|Stuber-Stroeh
Engineering Group, Inc. in the amount of $294,000 for engineering services at the Port of Richmond, for a three-year term beginning July 1, 2024, through June 30, 2027, with two one-year extensions options in an amount not-to-exceed $100,000 for each extension period – Economic Development Department (Nannette Beacham 510-621-1306/Charles Gerard 510-620-6792/Lizeht Zepeda 510-620- 6653).

N.4 Finance Department
N.4.a Budget book compilation and publishing services to prepare this policy document under Government Finance Officers Association guidelines
57 APPROVE a contract with Govdollars Consulting to provide Budget Book compilation services, in an amount not to exceed $66,000, over a three-year term from February 1, 2025, through January 31, 2028, with an option to extend the contract an additional two years – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077/Jerry Gurule 510-620-6591).

N.5 Human Resources
N.5.a Amend Staffing (Position Control) 113
ADOPT a resolution amending staffing (position control) to reallocate existing positions – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

N.5.b Parental Leave Enhancement for all Bargaining Groups 118 ADOPT a resolution approving side letters with all bargaining groups increasing Parental Leave from one week to four weeks for 37.5- hour/week and 40-hour/week employees and eight shifts for 56- hour/week employees – City Manager’s Office/Human Resources Department (Shasa Curl 510-620-6512/Nickie Mastay/Sharrone Taylor 510-620-6803).
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7 N.6 Library and Community Services
N.6.a Approve a Sole-Source Contract Amendment with Charleston Mobility for Electric Bikeshare Operations
130
APPROVE a first contract amendment with Charleston Mobility in an amount not to exceed $577,484 for a total not to exceed contract amount of $2,750,341, with a term ending September 19, 2028, to support the continued operation of the citywide electric bikeshare program; and APPROPRIATE $577,484 from the allocated
Environmental and Community Investment Agreement (ECIA) Transportation grant fund to cover the cost of the contract amendment – Community Services Department (LaShonda White 510-620-6828).

N.7 Police Department
N.7.a Crime Report from Police Chief 180
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

N.7.b First Contract Amendment with Napa Solano SANE/SART 185 APPROVE the first contract amendment with Napa Solano
SANE/SART to add funds of $100,000 for a total contract value not to exceed $148,000 for a contract term through February 28, 2027 – Police Department (Chief Bisa French 510-621-1819).

N.7.c Three-year contract with Allied Universal Security Services. 214 APPROVE a three-year contract with Allied Universal Security Services to provide security services throughout the City of Richmond for a total estimated cost not to exceed $1,916,153.99, which includes a five percent contingency, for the contract term January 1, 2025, through December 31, 2027, with two one-year extensions, if mutually agreed upon – Police Department (Chief Bisa French 510- 621-1802).

N.8 Public Works
N.8.a December 2024 Abatement Presentation 287
RECEIVE a presentation on the December 2024 abatement activities – Public Works Department (Hugo Mendoza 510-231-3030/Tawfic Halaby 510-620-5482/Daniel Chavarria 510-620-5478).
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8 N.8.b Contract Amendment No. 1 for Swinerton Management & Consulting for Terminal 4 Wharf Removal
304
APPROVE a first contract amendment with Swinerton Management & Consulting to provide additional construction management and inspection services, and surveying services for the Terminal 4 Wharf Removal Project, to be funded by a State Coastal Conservancy grant, for a term extending through December 31, 2026, increasing the contract amount by $195,218, for a total contract amount of $835,100, which further allows a contingency amount equal to 10 percent of the quoted price for the amendment – Public Works Department (Daniel Chavarria 510-620-5478).

O. STUDY AND ACTION SESSION
O.1 Presentation on Human Trafficking in Richmond and Proclamation 336 RECEIVE a presentation from the Family Justice Center, the Contra Costa County Human Trafficking Task Force Director, and the Richmond Police Department on the current state of and collaborative efforts to combat human trafficking in Richmond and PROCLAMATION declaring January 2025 as Human Trafficking Prevention Month in the City of Richmond - Councilmember Soheila Bana (510-672-3490).

P. 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)
Q. ADJOURNMENT
________________________
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Page 1 of 2 ends

January 28, 2025

City Attorney's Office

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

City Attorney, Dave Aleshire
Subject:

Interim Urgency Ordinance re Moratorium on Parklets
within the City
FINANCIAL IMPACT: No fiscal impact.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Parklet structures created without careful planning can result in immediate threats to public health, safety, or welfare because they encroach upon the public right-of- way, including roadways, which may undermine traffic
safety and create nuisances of various kinds.

RECOMMENDED ACTION: APPROVE the Interim Urgency Ordinance to establish a 45-day moratorium on the establishment of new Parklets, expansion of existing Parklets, or the extension of the term of existing Parklets within City limits to allow for the City’s review and adoption of permanent zoning regulations for such uses to ensure public health, safety, and welfare – City Attorney’s Office (Dave Aleshire 510-620-6509).

DISCUSSION:

The City of Richmond’s current processes for receiving and reviewing applications for the installation of Parklets is inadequate to protect public health, safety and welfare.

This Urgency Ordinance implementing a 45-day moratorium on the establishment, AGENDA
REPORT
10

Page 2 of 2 ends

January 28, 2025

expansion or the extension of the term of any currently permitted Parklet, is needed to provide City staff the time necessary to conduct a thorough review of the beneficial uses and appropriate location, design and construction of Parklets, as well as other factors necessary to ensure the public’s health, safety and welfare such as (i) requirements for management and oversight, and inspection and review to ensure compliance with the Americans with Disabilities Act and other State and federal laws, (ii) procedures for fire safety, and (iii) procedures for responding to community concerns, as well as other requirements necessary to protect public health, safety and welfare and to prevent nuisances.

“Parklet” is broadly described on the City’s website as a “removeable platform made available to the public for recreational use that occupies a portion of a parking lane that is closed to motor vehicle parking.” The current procedure to obtain a Parklet permit from the City entails completing a simple Parklet Application consisting of five basic questions pertaining to the applicant’s name, Parklet location, current permit status, whether the applicant has received a notice of violation from any state or local authority, the name of the property owner, and signatures, along with a simple site map reflecting the area impacted, and two photographs. It requires no indication of type of use, hours of operation, manner in which the owner will monitor the use, how potential complaints from local businesses or residents will be tracked or handled, what the potential impacts to vehicle or pedestrian traffic may be, or any other nuisances or detrimental impacts to public health, safety and welfare. Although it requires “letter(s)” of community support, it does not specify the level of support needed or the process for managing community concerns once the Parklet is established.

This current process is inadequate to ensure the protection of public health, safety and welfare.

DOCUMENTS ATTACHED:

ATTACHMENT 1 – INTERIM URGENCY ORDINANCE
11 01337.0010/1038560.1 1

ORDINANCE NO. 2025-________

AN INTERIM URGENCY ORDINANCE OF THE CITY OF RICHMOND, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A 45 -DAY TEMPORARY MORATORIUM ON THE

ESTABLISHMENT, EXPANSION OR TERM EXTENSIONS OF P ARKLETS WITHIN CITY LIMITS DURING THE PENDENCY OF THE CITY’S REVIEW AND ADOPTION

OF PERMANENT ZONING REGULATIONS FOR SUCH USES
WHEREAS, the City of Richmond (“City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City pursuant to its Charter and California Constitution Article XI, section 7; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regu lating the establishment and expansion of Parklets (as defined in this Urgency Ordinance below) within City limits; and WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, Richmond Municipal Code (“ RMC”) section 14.46.090 regulates Parklet approvals and installations by requiring a Parklet permit from the City’s Transportation Services Department, an encroachment permit from the City Engineer or designee, as well as the receipt of a final inspection and installation approval from the City’s Engineering department; and WHEREAS, the City has no other development standards or regulations applicable to the installation or use of Parklets; and
WHEREAS, the City’s permissive policy toward s Parklets could result in a proliferation or oversaturation of said uses within the City; and
WHEREAS, the proliferation of Parklets throughout the City without due consideration presents an immediate threat to public health, safety, or welfare because Parklets allow encroachments into public right-of-way, including roadways, which may undermine traffic safety, create nuisances, increase the risk of fires and parklet user safety, decrease parking in already congested commercial areas thereby creating increased vehicular traffic, reduce driver visibility thereby compromising driver and pedestrian safety, violate provisions of the American with Disabilities Act, compromise nearby crosswalks, complicate intersections, and in some instances may violate other state laws; and
WHEREAS, Parklet structures encroaching on roadways and on -street parking provides little economic benefit to the City or City residents; and WHEREAS, absent clear regulation, the proliferation of Parklets within the City poses a threat to t he public peace, health, and safety, and, unless the City takes action to regulate the impacts described above are likely to occur; and
12 01337.0010/1038560.1 2

WHEREAS, the City desires to further regulate Parklets to ensure that public roadways and public property remain free of public nuisances, safe and accessible for all users, and clear of conditions that pose threats to public health, safety, and welfare, to ensure that future development is undertaken in a manner consistent with the City’s General Plan, and to ensure that any Parklet developments or installations comply with S tate and City regulations that in ure to the public’s health, safety, and welfare; and
WHEREAS, there is currently a pending application for a Parklet permit to establish a new Parklet before a non-urgency ordinance would become effective; and WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety and to prohibit a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, City staff require time to study and develop appropriate regulations for the installation of Parklets consistent with State and federal law; and WHEREAS, on __________ ___, 2025, the City Council conducted a public hearing, which was noticed on ___________ ___, 2025 pursuant to Government Code Section 65090 (b) and 65094, concerning this Ordinance; and
WHEREAS, pursuant to the above -described express statutory authority and its police power, the City Council desires, on an urgency basis, to temporarily prohibit (1) the establishment of new Parklets, the expansion of existing Parklets, or extending the term of existing Parklets, as well as (2) the acceptance of Parklet permit applications for new or expanded Parklets, or for the extension of the term for existing Parklets, and (3) the processing of Parklet permit applications for new or expanded P arklet permits, or for the extension of the term of existing Parklet permit applications for Parklets within the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS
The City Council finds and determines the recitals above are true and correct, and are hereby incorporated by reference. Additionally, based on the for egoing, both verbal and written testimony at the public hearing, including the staff report, exhibits, and any materials provided by members of the public, the City Council finds as follows:

A. This Urgency Ordinance is being adopted in order to allow the City time to thoroughly study and develop the City’s laws, rules, procedures and fees related to the operation, expansion and establishment of Parklets within the City , to enable the City to adequately and appropriately preserve the health, safety and welfare of the community in the City of Richmond. 13 01337.0010/1038560.1 3

B. For the purposes of this Urgency Ordinance, the term “Parklet” shall encompass all removeable platforms made available to the public for recreational use that occupy a portion of a parking lane that is closed to motor vehicle parking.

C. The City finds that in the absence of a regulatory framework to govern Parklets, the adverse impacts frequently associated with Parklets likely will occur, resulting in unregulated and significant negative impacts upon the public health, safety, and welfare of the community.

D. The City finds that the adverse impacts from Parklets include the following:
(1) The proliferation of Parklets throughout the City without due consideration presents an immediate threat to public health, safety, or welfare because Parklets encroachment into the public right-of-way including roadways, which may undermine traffic safety, create nuisances, decrease parking in already congested commercial areas thereby creating increased vehicular traffic; and
(2) The use of Parklets tends to reduce driver visibility , compromise nearby crosswalks, and complicate intersections further impacting driver, pedestrian and Parklet user safety; and
(3) Parklets may violate provisions of the Amer ican with Disabilities Act as well as State law.
(4) Parklets may pose a fire safety risk due to possible use of heaters or other outdoor cooking or food smoking activities.
(5) Parklets may post a public safety risk due to the consumption of alcohol near outdoor walkways adjacent to public streets and vehicular traffic.

E. The City needs time to draft a proposed text amendment to the Zoning Code to preserve the health, safety and welfare of the community in the City of Richmond with respect to the installation or expansion of Parklets to control for the risks stated above, as well as the possible creation of other nuisances.

SECTION 2. AUTHORITY AND EFFECT
The State Planning and Zoning Law (Cal. Gov’t Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health safety and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city.

SECTION 3. MORATORIUM
A. During the Effective Period of this Urgency Ordinance as specified below, no permit application shall be issued, accepted, or processed to establish a new Parklet, expand an existing Parklets, or extend the term of an existing Parklet within the City. The foregoing shall explicitly prohibit the issuance of any zoning, land use, discretionary permit, building permit, 14 01337.0010/1038560.1 4

environmental approval, business license or any other entitlement involving Parklets, during the Effective Period.

B. Notwithstanding the foregoing, the fact that a business within the City of Richmond currently operates an existing Parklet shall not constitute an obstacle to obtaining their annual City of Richmond business license. Additionally, permits may be issued for minor construction, rehabilitation and landscaping or other purposes not involving the expansion of the building area of an existing Parklet . Any Parklet currently under construction with a valid building permit on the effective date of this Urgency Ordinance shall be exempt from this Urgency Ordinance.

SECTION 4. STUDY AND DEVELOPMENT
During the period of this Urgency Ordinance, the City shall study and develop as necessary City laws, rules, procedures and fees related to Parklets, to enable the City to adequately and appropriately preserve the health, safety and welfare of the community in the City of Richmond.

Pursuant to Government Code Section 65858 the Director of Public Works will issue a report for the legislative body on what has been accomplished during the renewal of the moratorium before it is extended.

SECTION 5. URGENCY MEASURE
It is hereby declared that this Urgency Ordinance is necessary as an urgency measure for the preservation of the public health, safety and welfare. The City Council finds that current zoning regulations and land u se plans do not adequately regulate the establishment and operation of Parklets and therefore do not adequately protect the peace, health, safety and general welfare of the residents of the City or in communities around the City. The City Council finds the urgency measure is necessary in order to ensure adequate regulation of installation and operation of Parklets. The facts constituting the urgency are:

A. The City of Richmond does not currently have clear standards in the Richmond Municipal Code related specifically to the details of establishing or expanding Parklets within the City, beyond requiring them to apply for Parklet permits and encroachment permits.

B. The negative impacts frequently associated with Parklets will likely increase as they continue to proliferate throughout the City , resu lting in unregulated and potentially significant negative impact upon public health, safety, and welfare of the community.

C. To permit the additional Parklets within the City without being subject to specific regulations that are consistent with the General Plan, and that take into account the impacts that such installations have, constitutes a threat to the public’s health, safety, and welfare. Parklets create a threat to public health, safety, or welfare because Parklets encroachment into the public right-of-way including roadways, which may undermine traffic safety, create nuisances, decrease parking in already congested commercial areas thereby creating increased vehicular traffic.

D. New or expanded Parklets in the City with minimal regulations are likely to be sought within the City, which will further exacerbate the impacts of such installations. 15 01337.0010/1038560.1 5

E. Absent the adoption of this Urgency Ordinance, the expansion or installation of Parklets would likely result in the negative and harmful seconda ry effects, as identified above, including, but not limited to, threats to public health, safety, or welfare due to the encroachment into the public right -of-way including roadways, which may undermine traffic safety, create nuisances, decrease parking in already congested commercial areas thereby creati ng increased vehicular traffic, as well as reduce driver visibility, compromise nearby crosswalks, complicate intersections further impacting driver, pedestrian and Parklet user safety, violate State and federal law, and create fire safety issues.

F. As a res ult of the negative and harmful secondary effects associated with improperly regulated or unregulated Parklets, the current and immediate threat s to the pub lic health, safety and welfare, it is necessary to adopt a temporary, forty-five (45) day moratorium on the establishment of new Parklets and the expansion of existing Parklets.

G. A moratorium is immediately required to preserve the public health, safety and welfare and should be adopted immediately as an urgency ordinance, t o make certain that the establishment, expansion or extensions of Parklets is prohibited for the period of this Urgency Ordinance. Imposition of a moratorium will allow the City sufficient time to conclude the preparation of a comprehensive ordinance for the regulation of such activities.

SECTION 6. SEVERABILITY
The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this Urgency Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sente nces, phrases or words of this Urgency Ordinance and as such they shall remain in full force and effect.

SECTION 7. CEQA COMPLIANCE
Pursuant to Section 15001 of the California Environmental Quality Act ("CEQA") Guidelines, this Interim Urgency O rdinance is exempt from CEQA based on the following: (i) This Urgency Ordinance is not a project within the meaning of CEQA Section 15378 because it has no potential for resulting in physical change to the environment , either directly or indirectly and (ii) this Urgency Ordinance is also exempt pursuant to CEQA Section 15061(b)(3) since the proposed o rdinance involves an Interim Urgency O rdinance establishing a 45 -day temporary moratorium on the expansion or installment of Parklets and does not have the potential to significantly impact the environment.

SECTION 8. EFFECTIVENESS OF ORDINANCE.

This Urgency Ordinance shall take effect immediately upon its adoption by a 4/5 vote , pursuant to the authority conferred upon the City Council by Government Code Section s 36934, 36937, and 65858. This Urgency Ordinance shall be effective during the Effective Period which shall be from its adoption and shall be of no further force and effect forty-five (45) days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858(b).
16 01337.0010/1038560.1 6

SECTION 9. PUBLICATION
The City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law.

[SIGNATURES LOCATED ON THE FOLLOWING PAGE]
17 01337.0010/1038560.1 7

PASSED, APPROVED and ADOPTED as an URGENCY ORDINANCE this __ day of __________, 2025.

________________________________

Eduardo Martinez, Mayor
City of Richmond, California

ATTEST:

___________________________________
Pamela Christian, City Clerk

APPROVED AS TO FORM:

___________________________________
David J. Aleshire, City Attorney

18 01337.0010/1038560.1 8

STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA ) ss.

CITY OF RICHMOND )

I, Pamela Christian, City Clerk, of the City of Richmond, California, do hereby certify that the foregoing Ordinance No. __________was introduced, and adopted upon at a meeting of the City Council of the City of Bell, held on the ____ day of __________, 2025. Said Ordinance was duly passed, approved, and adopted by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated this ____ day of ________, 2025.

________________________________
Pamela Christian, City Clerk

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January 28, 2025

City Council

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Claudia Jimenez
Councilmember Doria Robinson (Co-sponsor)
SUBJECT:

Explore providing additional legal protections to
undocumented immigrants who reside in Richmond
FINANCIAL IMPACT: No known financial impact to the City.

PREVIOUS COUNCIL
ACTION:

Ordinance No. 29-90 - August 20,1990
Ordinance No. 12-18 - June 5 ,2018

STATEMENT OF THE
ISSUE:

The Richmond City Council seeks to direct the City
Attorney’s Office to review the City’s legislation that protects undocumented immigrants in Richmond, review
legislation and current activity at the federal, state and local levels (other neighboring California cities) and
return with recommendations on ways to provide
additional protections for undocumented immigrants in
line with efforts by the State of California, San Francisco and other local communities.

RECOMMENDED ACTION:

DIRECT the City Attorney’s Office to review the City of Richmond’s current legislation protecting undocumented
immigrants and to examine legislation and current activity at the federal, state and local levels in other jurisdictions and to provide recommendations on ways to provide
additional protections for undocumented immigrants in
line with the State of California, San Francisco and other local communities - Vice Mayor Jimenez (510-620-6565).

Council Member Robinson (510-620-6568).

AGENDA
REPORT
20

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January 28, 2025
DISCUSSION:

The City of Richmond is home to persons of diverse racial, ethnic, and national backgrounds, including a large immigrant population. The City of Richmond respects, upholds, and values equal protection and equal treatment for all its residents, regardless of immigration status. Fostering a relationship of trust, respect, and open communication between City employees and City residents is essential to the City's core mission of ensuring public health, safety, and welfare, and serving th e needs of everyone in the community, regardless of immigration status.

As part of this effort, the Richmond City Council adopted Ordinance No. 29 -20 (Attachment 1) and Ordinance No. 12-18 (Attachment 2) that provides protections at the local level to the immigrant community.

Additionally, the State of California is a “sanctuary state,” following the passage of Senate Bill (SB) 54 in 2017. This legislation prohibits state and local law enforcement from using taxpayer funds to enforce federal immigration law, subject to several narrow exceptions. The following counties have passed legislation protecting undocumented immigrants: Alameda, Los Angeles, Monterey and San Francisco. A number of California cities have also passed similar legislation, including Alameda, Berkeley, Davis, Emeryville, Hayward, Oakland, Petaluma, San Jose, Santa Cruz, San Leandro and Santa Rosa.

This agenda item requests the City Attorney’s Office examine the City’s current protections involving undocumented immigrants in Richmond , review current federal laws, SB 54 and related state laws and regulations, and related activity at the state and local levels.

This agenda reports also requests the Council direct the City Attorney’s Office to coordinate with other local agencies that h ave passed legislation protecting undocumented immigrants and return with recommendations of ways to provide additional protections for undocumented immigrants in line with the State of California, San Francisco and other local communities.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance No. 29-90
Attachment 2 – Ordinance No. 12-18
21 22
23 24
25 26
27

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January 28, 2025

Economic Development
Port

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

Contract with CSW/Stuber-Stroeh Engineering Group, Inc.

FINANCIAL IMPACT: The proposed expenditure is included within the approved Fiscal Year (FY) 2024-2025 budget and will be
budgeted in the Port’s FY 2025 – 2026 and FY 2026 –
2027 budgets accordingly. Account String - 40161080-
400201

PREVIOUS COUNCIL
ACTION:

November 15, 2011
July 11, 2017
December 3, 2019
July 11, 2023

STATEMENT OF THE
ISSUE:

City staff is requesting City Council approval of a sole source contract with CSW|Stuber-Stroeh Engineering
Group, Inc. for engineering services for the Port of
Richmond.

RECOMMENDED ACTION:

APPROVE a sole-source contract with CSW|Stuber-
Stroeh Engineering Group, Inc. in the amount of
$294,000 for engineering services at the Port of
Richmond, for a three-year term beginning July 1, 2024, through June 30, 2027, with two one-year extensions
options in an amount not-to-exceed $100,000 for each
extension period – Economic Development Department
(Nannette Beacham 510-621-1306/Charles Gerard 510-
620-6792/Lizeht Zepeda 510-620-6653).

AGENDA
REPORT
28

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January 28, 2025
DISCUSSION:

Background
In November 2011, the City Council authorized the Port of Richmond to partner with BKF Engineers (Robert Stevens, Engineer) to provide engineering support of industrial waterfront capital improvement projects at the Port of Richmond. The project areas are Point Potrero Marine Terminal (PPMT), Terminals two, three, and four.

In July 2017, the City Council approved an agreement with Highland Consulting Group (Robert Stevens, Principal Engineer) to complete time sensitive grant-funded Port projects. Completed projects included: the renovation of an operations and security center, install of a 12-mile 10- gigabit-per-second (Gb/s) fiber optic network, enhancing safety and security through high mast lighting, rehabilitating electrical infrastructure, and extending the San Francisco Bay Trail into PPMT with two scenic overlooks and a hillside pathway.

Over the following years, Robert Stevens provided ongoing engineering support to the Port of Richmond. His work encompassed polychlorinated biphenyls (PCB) cleanup at the Port’s historical graving basins, relocating the S.S. Red Oak Victory Ship, repairing berth infrastructure, technical review of mandated dredging, oversee utility infrastructure projects, and compliance reporting with state and federal agencies.

In December 2019, the City Council approved a contract with CSW|Stuber-Stroeh Engineering Group, Inc. (CSW|ST2), formerly Highland Consulting Group, for engineering and program management services at the Port of Richmond. The initial contract spanned from July 1, 2019, to July 1, 2020. For Fiscal Years (FY) 2020-21, continued to provide engineering services as part of the Public Works Department’s “As-Needed” Engineering project management contract.

Most recently, on July 11, 2023, the City Council approved a one-year contract with CSW|ST2, running from July 12, 2023, through June 30, 2024. This contract included a one-year extension option, which was inadvertently not exercised administratively in the form of an amendment prior to the termination of the contract. This new contract will cover services performed from July 1, 2024, through June 30, 2027.

Sole Source Contract
A sole-source form was completed as Robert Stevens, of CSW|ST2, has worked closely with previous Port staff for several years, and has accumulated historical, contextual, engineering, compliance, and databased knowledge regarding Port matters. CSW|ST2 currently prepares, updates, and provides reports for the facilities assessment of Port infrastructure; completes grant applications to fund capital improvement projects, assess structural design, drafts Request for Proposals (RFPs) and supports updates to infrastructure 29

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January 28, 2025
at Port facilities; provides technical support for the development of leases; supports dredging projects at Port facilities; provides technical support to tenants regarding dock capacity, berth length, water depth, utility capacity; and provides other engineering services as requested by Port staff members.

Robert Stevens, president, and engineer of CSW|ST2, has provided engineering design, program management, and construction support to the Port of Richmond for the last 16 years. He has a strong understanding of the existing infrastructure and expertise to complete the integration of specific industrial waterfront capital improvement projects.

Summary of Proposed Scope
City staff is seeking approval of a three-year contract with CSW|ST2 for a total amount not to exceed $294,000, with two additional one-year extension options, each not to exceed $100,000, for Port engineering services including (Attachment 1):

 Support of Port Pavement Rehabilitation Project
 Completion of grant applications to fund capital improvements  Assessment, design, and support of updates to infrastructure at port facilities  Technical support to tenants regarding dock capacity, berth length, water depth, and utility capacity
 Technical support for the shore power project at PPMT  Support of the Berth Assessment project
 Completion of other capital improvement projects outlined for FY 2024-25, 2025-26, and 2026-27
 Provide other engineering services as requested by the Port of Richmond

SYNERGISTIC POLICIES:

City Council Goals and Priorities - Strategic Goal Area 2.5: Revitalization of the Port. CSW|ST2 has been engaged and has knowledge of infrastructure history, design, technical assistance, and modifications that are needed to guide Port staff. The Port engineer has engaged with community stakeholders and city staff to develop capital improvements plans and maintenance schedules to meet the Port strategic operation goals for City Council’s consideration.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract to the Contract
30 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.31

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
32 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]:
33 Adaptive Solutions for Resilient Designs
121 Park Place
Richmond, CA 94801
415.883.9850
www.cswst2.com
Berkeley | Novato | Petaluma
Pleasanton | Redwood City | Richmond
Project Number: 2300125
August 5, 2024
Charles Gerard
Port Director
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
SUBJECT: Dear Port of Richmond Support
Mr. Gerard
It has been our pleasure to support the Port of Richmond’s development over the last several years. Our team will supply services on an as needed basis to complete several of the ongoing projects including:

1. Support the 2024 Pavement Rehabilitation Project

2. Complete grant applications to fund capital improvements.

3. Assess, design, and support updates to infrastructure at port facilities.

4. Technical support to tenants regarding dock capacity, berth length, water depth, and utility capacity.

5. Technical support for the shore power project at PPMT.

6. Support the Berth Assessment project.

7. Complete other capital improvement projects outlined for for Fiscal Year 24/25; 25/26; 26/27.

8. Provide other engineering services as requested by the Port of Richmond.

SCHEDULE
We will provide services for Fiscal Year 24/25; 25/26; 26/27.

COMPENSATION
We will provide Robert as the Contract Port Engineer for a labor rate of $223 per hour. We will reimburse sub consultant costs at direct cost with no markup. Assuming we spend about 8 hours per week, please budget $96,000 for FY 24-25 total compensation shall not exceed $96,000; FY 25-26 total compensation shall not exceed $98,000;FY 26-27 total compensation shall not exceed $100,000.

SERVICES AND STANDARD OF CARE
CSWST2’s services shall be limited to those expressly set forth above. We shall have no other obligations or responsibilities for the project except as agreed to in writing, or as provided in this agreement. CSWST2’s services shall be provided consistent with, and limited to, the standard of care applicable to such services.

CSWST2 shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances.

P:\Shared\Projects\2023\2300125 Port
of Richmond\_proposal\2024-08-05-Garrard-Richmond-Port.docx 34

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P:\S
hared\Projects\2023\2300125 Port of Richmond\_proposal\2024-08-05-Garrard-Richmond-Port.docx BILLIN

G RATE SCHEDULE
Effective January 1, 2024 – December 31, 2024
ENGI

NEERING SERVICES HOURLY RATES
Senior Engineer $ 201.00
Engineer I, II, III $ 144.00, $ 175.00, $ 194.00
Technician
Engineer Assistant
$ 131.00
$101.00
SUR

VEY SERVICES HOURLY RATES
OTHER

PROFESSIONAL RATES
Principal $ 269.00
Associate Principal $ 245.00
Senior Project Manager
Project Manager
Senior Landscape Architect
Landscape Architect
$ 240.00
$ 226.00
$ 172.00
$ 156.00
Construction Manager $ 235.00
Resident Engineer
Field Engineer
$ 226.00
$ 194.00
Technical Writer $ 138.00
Graphic Illustrator $ 131.00
Project Assistant $ 101.00
• All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus 10%.
• Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. • Billing will be monthly net 30 days.
• Hourly rates are subject to increase annually at a rate commensurate with the San Francisco CPI.

Senior Surveyor $201.00
Surveyor I, II, III $ 144.00, $ 175.00, $ 194.00
Survey Technician
Survey Assistant
$ 131.00
$ 101.00
Two Person Survey Party $ 340.00
Survey Party Chief
Survey Chainman
Survey Apprentice
$ 220.00
$ 120.00
$ 112.00
Aerial Drone Surveyor $ 217.00
35

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P:\
Shared\Projects\2023\2300125 Port of Richmond\_proposal\2024-08-05-Garrard-Richmond-Port.docx Tha
nk you for the opportunity to support the development of your project. We look forward to working with you and your team. If I can provide any additional information, please contact me at [email protected] or 415.533.1864.

Si
ncerely,
CSWST2
Ro
bert Stevens, PE, TE
Principal
36 ___ Exhibit F
___ Sectio
n 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 REQUIRED 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
ht
tp://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.

Umbre
lla/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. 37 ___ 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.

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.

38 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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.
39 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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: ________________________________________________ 40 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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, 41 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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.
42 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 43 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 44 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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 45 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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.
46 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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 47 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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, 48 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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. 49 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
50 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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
51 Contract No: ________ For the Contract between the City of Richmond and
_____________________________
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)
52 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type
2 – Page 1 of 3
R
evised: 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 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. Ins
urance 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 i
ts equivalent) with primary and non-contributory language.

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

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

6. Professi
onal Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s professi
on (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.
53 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type
2 – Page 2 of 3
R
evised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

Um
brella/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. 54 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Subcontractors

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

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

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

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

Reporting Requirements

55 Contract No: ________ For the Contract between the City of Richmond and
_____________________________

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:
56

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January 28, 2025

Finance Department

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

Budget book compilation and publishing services to
prepare this policy document under Government Finance
Officers Association guidelines
FINANCIAL IMPACT: Fiscal Year 2024-25 cost of $34,000 will be absorbed in the Finance Department’s approved budget (Account
string – 01173415-400201).

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City of Richmond’s budget book publishing contract
with ClearGov, Inc. expired on October 30, 2024. The
City’s Budget Book is considered a policy document and
is prepared under the Government Finance Officers
Association (GFOA) guidelines. The City selected
Govdollars Consulting through the competitive bidding
process.

RECOMMENDED ACTION: APPROVE a contract with Govdollars Consulting to provide Budget Book compilation services, in an amount
not to exceed $66,000, over a three-year term from
February 1, 2025, through January 31, 2028, with an
option to extend the contract an additional two years – Finance Department (Andrea Miller 510-620-
6790/Mubeen Qader 510-412-2077/Jerry Gurule 510-
620-6591).

AGENDA
REPORT
57

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January 28, 2025

DISCUSSION:

The City adopts an annual operating budget and five-year Capital Improvement Plan annually by June 30th and publishes the respective books once adopted following Government Finance Officers Association (GFOA) guidelines. The previous contract with ClearGov, Inc. expired on October 30, 2024.

City staff issued a formal request for proposals in October 2024 for the Budget Book compiling and publishing services. Bids were received from the following seven vendors:

 ClearGov, Incorporated (ClearGov)
 Contenda, Incorporated (Contenda)
 Govdollars Consulting (Govdollars)
 IGM Technology Corporation (IGM)
 Lance, Soll & Lunghard, LLP (LSL)
 Euna Solutions (EUNA)
 TruGov Consulting (TruGov)

City staff also received demonstrations on the proposed solutions, five vendors provided demonstrations on their proposals however, two vendors, Contenda, Incorporated and TruGov Consulting withdrew their proposals before the demonstrations. The criteria used to evaluate the proposals included:

 The Proposal/Methodology and Approach to Work - 20%
 Experience/Past Performance/References - 40%
 Proposer Qualifications - 20%
 Cost Proposal - 20%
Table 1: Rating Matrix

ClearGov Contenda Govdollars IGM LSL Euna TruGov
The Proposal/Methodology and
Approach to Work – 20% 73 0 91 73 78 68 0
Experience/Past
Performance/References – 40% 167 0 175 151 162 155 0
Proposer Qualifications – 20% 81 0 88 81 81 76 0
Cost Proposal – 20% 95 0 95 72 32 59 0
Total 416 0 449 377 353 358 0

Based on the provided features and the pricing, Govdollars Consulting was selected as the best value for the Budget Book creation process.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposals
58

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January 28, 2025
Attachment 2 – Govdollars Consulting Standard Contract
59

Page 1 ends

Request for Proposals

Automated Budget Book Publishing Solution

Release Date: 10/01/2024

Deadline for Submittal
10/22/2024

City of Richmond
Finance Department

Page 2 ends

INTRODUCTION

The City of Richmond is seeking proposals from qualified firms to provide a solution to automate annual operating budget and Capital Improvement Budget book publishing.

This request for proposal (RFP) describes the project, the required scope of services, the consultant selection process, and the minimum information that must be included in the proposal. The anticipated term of this contract will be for a period of three (3) years and an option to renew for two years by means of a mutual agreement of both parties.

SCOPE OF SERVICES
The City of Richmond is looking to implement a digital solution to automate Annual Operating Budget and Five-Year Capital Improvement Plan (CIP) book publishing.

The responsibilities of the consultant shall provide a solution and training on a software that fully automates the budget and CIP book publishing with 100 percent accuracy and efficiency using budget data from Tyler Technologies MUNIS ERP. The City’s current budget book includes narratives, data tables and charts as well as program and organizational charts. The City is looking into automating the budget book publishing function with full accuracy and consistency in an efficient manner to publish a modern operating and CIP budget books on the web and on paper.

PROPOSAL FORMAT GUIDELINES

The following proposal sections are to be included in the Vendor’s response:

A. Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished. Refer to description of services for this RFP.

B. Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP.

C. Qualifications
The information requested in this section should describe the qualifications of the firm, key staff and sub‐contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
1) Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of service.

2) A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.

Page 3 ends

3) Provide at least three (3) references that received similar services from your firm. The City of Richmond reserves the right to contact any of the organizations or individuals listed. Information provided shall include:

a) Client Name and contact info
• Telephone & e-mail address
• Address
b) Description of services provided including contract amount c) Project start and end dates

D. Cost Information

Provide the total costs to complete all tasks identified in the scope of services.

Proposers will be paid at the same rates set forth in their cost proposal unless further negotiated in writing and agreed to by the City of Richmond.

PROCESS FOR SUBMITTING PROPOSALS

Questions Concerning Request for Proposals

All questions must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST, on October 11, 2024. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.

Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by October 15, 2024 It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP.

Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

Interested parties may download copies of the above mentioned proposal by visiting the City's web site, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.

Submission of Proposals

The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Page 4 ends

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 5:00 p.m., on October 22, 2024.

The City of Richmond reserves the right to waive inconsequential irregularities.

GENERAL GUIDELINES

This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

Insurance Requirements

The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP (Attachment A). The required insurance certificates must comply with all requirements of the standards as shown and must be provided prior to the commencement of any work on the Project.

Page 5 ends

Business Licenses

The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived.

Compliance with City Ordinances

The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance ( Richmond Municipal Code
(RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter

2.65), which are incorporated into the Contract Documents by this reference.

Sanctuary City Contracting Ordinance (SCCO)

The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment D) 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”).

Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment C)

Limited Liability Company Disclosure Statement (LLCS)

Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).

PROPOSAL EVALUATION AND SELECTION PROCESS

The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

The Proposal/Methodology and Approach to Work – 20%

The proposer’s responsiveness to the RFP including completeness and thoroughness of proposal; all required information must be provided in the format specified. This category will also evaluate:

• A bility to provide services as outlined in the RFP.
• Approach and proposed methodology to project scope
• Demonstrated knowledge of the work required
64

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• Explanation of the Project or services required
• Innovative approaches and internal measures for timely completion of Project

Experience/Past Performance/References – 40%
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years of experience in performing similar work.

Proposer Qualifications – 20%
This category will evaluate the respondent’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner.

Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.

Cost Proposal – 20%

Award - When the Review Panel has completed its work, City staff will then recommend a consultant to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment B).

Attachments

A. Insurance Requirements
B. Standard Contract
C. Sanctuary City Compliance Statement
D. Sanctuary City Contracting Ordinance No. 12-18
E. Limited Liability Corporation (LLC) Resolution No. 86-21 F. Limited Liability Corporation Form

65 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:

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

Finance
Jerry Gurule
[email protected]
(510) 620-6591
Provide digital automated budget book publishing solution.

Govdollars Consulting LLC
: 5409 Huntingwood Drive
Raleigh, NC 27606
Leah Patrick
(919) 607-7877
[email protected]
February 1, 2025
January 31, 2028
66,000.00
2025
34,000.00
2026
16,000.00
2027
16,000.00
66 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:

Govdollars Consulting LLC
67 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]:

Govdollars Consulting LLC
Please see attached proposal.
68 MUNICIPALITY PROJECT REFERENCE NUMBER
CITY OF RICHMOND, CA AUTOMATED BUDGET BOOK 2024-024RICHCA12

PUBLISHING SOLUTION

GOVDOLLARS CONSULTING

PROPOSAL

FOR SERVICES
(919) 607-7877
[email protected]
www.govdollars.com
69 OVERVIEW
GovDollars Consulting is pleased to submit this
proposal to support the City of Richmond’s goal to
improve the efficiency of your budgeting processes and
automate the publishing of the annual operating
budget and Capital Improvement Budget book.

I
n this proposal, we lay out the solutions and ongoing
services and support that we would provide to the City
of Richmond to implement our cloud-based Lomali
Budget Book solution.

All your budgeting needs found seamlessly in one place. 70 03
04 BACKGROUND AND PROJECT SUMMARY
Pages 1-3

COST INFORMATION

Page 24 ends

METHODOLOGY
Pages 4-16

QUALIFICATIONS
Pages 17-23
01 02
06 TABLE OF CONTENTS
71 BACKGROUND AND PROJECT SUMMARY
Project Overview & Solution Alignment
As we understand this project, the City of Richmond is seeking to implement a cloud-based SaaS solution that automates and streamlines the preparation and publishing process for its annual operating budget book and Capital Improvement Plan (CIP) book.

The goal is to simplify the production of these documents while ensuring that all budget data—whether in narratives, data tables, or charts—remains accurate and consistent throughout.

A
dditionally, the City of Richmond requires the chosen system to seamlessly integrate with its existing ERP system, Tyler Technologies MUNIS, to facilitate smooth data transfers and updates. Another key priority is the ability to publish a clean, modern version of the budget book that meets the city's standards for professionalism and accessibility, with options to produce both web-based and PDF formats.

The Lomali Budget Book aligns perfectly with these objectives. It offers an intuitive platform that automates the assembly of budget documents, reduces manual data entry errors, and ensures consistency across all sections. Its integration capabilities enable easy connection with MUNIS, streamlining data synchronization.

Furthermore, Lomali provides versatile publishing tools, allowing users to create polished, user-friendly digital and print-ready budget books that can be accessed and shared effortlessly.

Our Mission
At GovDollars Consulting, our mission is to help local government finance professionals spend more time on what’s most important. We firmly believe that cloud-based software solutions and expert consulting services can revolutionize your work, making it not only easier but also remarkably efficient.

Leah R. Patrick
President & Head of Product
GovDollars Consulting
Budget Book
v
1 72

BACKGROUND AND PROJECT SUMMARY
We pride ourselves on our meticulous attention to detail and user experience in our products. Our objective is to streamline the budgeting process for municipalities, eliminating the need for multiple software platforms such as Microsoft Word, Excel, Access Database, and PowerPoint. The Lomali Budget Book is carefully configured to fulfill all your financial publishing requirements.

The GovDollars Difference
What sets us apart is our unique blend of expertise in both the local government and software development realms. Our team is comprised of individuals who have served in large municipal budget and finance departments and finance institutions. We understand firsthand the challenges you face, and our goal is to ensure your experience is far superior to what we encountered.

We're dedicated to helping budget and finance departments reclaim their time for critical tasks like financial and management analysis, policy development, and strategic planning, rather than grappling with cumbersome processes and outdated software. By offering premier software products and expert advice from years of experience in the field, we can guide you through every step of the publication process, so you can rest assured your process will run much smoother.

A Partnership of Value
Our customer service capabilities and offerings are exceptional in the industry. While larger companies often provide municipalities with generic, out-of-the-box solutions that do not fully meet your needs, or highly configurable products that demand significant time and effort from your staff, we take a different approach at GovDollars Consulting.

W
e offer a balanced solution designed to minimize the burden on your team while delivering highly customized software. Our smaller size allows us to be agile and flexible, working closely with the City of Richmond’s Finance Department to meet all your requirements. This enables us to create a software solution meticulously tailored to your unique budget book publishing needs, meeting both your current chart of account structure and branding requirements.

Customized features are an integral part of our software’s implementation phase. In the past, we have added client-requested features such as a page PDF generation tool, a Tablet viewing mode, a table sorting feature, an automatic blank page insertion at t he
end of sections, and many more.
2 73

BACKGROUND AND PROJECT SUMMARY
Excellent Customer Service and Support
Our cost proposal is simple, and includes an unlimited number of licenses, support, training for current staff and materials to use as training refreshers, and other implementation and configuration needs.

T
he ongoing support is robust. It includes unlimited support tickets, a budget season elevated support window, emergency phone support, prioritized feature and enhancement requests, and no-cost upgrades scheduled at your convenience.

What’s more, our product won’t require any extra work from your IT department. Unlike other solutions that require municipalities to allocate additional resources for upgrades, maintenance, infrastructure, and software patches, our dedicated team handles everything for you. We provide 24/7 availability for these services and maintain a 99.9% uptime, with daily client data backups as a standard feature.

Information in this Proposal
In addition to the information discussed above, we have included the following requested information in this proposal:

A. Methodology (Tab 2): Within this section we include the assumptions and methodology we use to provide the requested services. A comprehensive explanation of the features, functionalities, and capabilities of the Lomali Budge t
Bo
ok that directly addresses the City’s content development and publishing needs.

We include an outline of GovDollars Consulting’s implementation approach and a detailed description of the tasks, activities, and deliverables that will be included in the configuration, testing, training, and other vital implementation steps. Also p
rovided is a detailed description of our maintenance and support program, all of which are included in the ongoing cost of the software. Finally, we include information on our company’s clients and our company’s focus since its inception.

B. Qualifications (Tab 3): Identification of the staffing resources behind the design, implementation, and maintenance of the Lomali Budget Suite, including software engineering and project management staff.

C. Cost Information (Tab 4): A detailed cost proposal for the ongoing and one-time costs of the software for an assumed five-year contract period. The actual length o
f the contract is negotiable.
3 74

Lomali Budget Book is a premier Cloud-Based SaaS product designed to provide a comprehensive financial management solution that meets the highest standards in budget preparation, financial reporting, and transparency. The product addresses the specific requirements for budget book and CIP documentation and preparation and can also be used for other financial publications such as the ACFR, quarterly and monthly reporting, and revenue manuals. The product also streamlines the publication process by minimizing the need for using multiple platforms (Word, Excel, Access database, PowerPoint, etc.). The following is information on the system’s primary features that will be of particular benefit for the City of Richmond’s publication needs.

METHODOLOGY

PRIMARY SYSTEM FEATURES
––

Displays as an easy-to-u se rich text editor with an intuitive interface The Lomali Budget Book features an easy-to-use, intuitive Microsoft Word-like text editor allowing the pages of the budget book to easily be created, edited, and viewed by end-users. This text editor allows users to enter and edit text directly within the system and replaces the need for Microsoft Word in the budget publication process. Page numbering, page breaks, page orientation, spacing, margins, image insertion, creation of tables, shapes, headers, footers, etc. are all available within this text editor. Customized branding needs (such as fonts, colors, logos, and styles) can be added as needed.

Exhibit A: Text Editor Tool
475

METHODOLOGY

PRIMARY SYSTEM FEATURES

A llows users to create templates for the document or suggest pre- made templates Templating is a key feature within the Lomali Budget Book. This feature allows system administrators to create and define key pages that repeat certain elements and reuse these pages repeatedly. For example, a template can be created for a department page that includes a standard header, footer, logo, mission statement, budget highlights, and budget tables.

Exhibit B: Templating Feature
o
This template can then be used over again when a new department page is created to ensure the standard elements of the page are included. Additionally, elements within the template can be locked, ensuring that department users editing the pages cannot adjust the uniform elements, such as headers, sub headers, logo placement, etc. These standard templates are created during the implementation phase of the project and can be updated as necessary to adjust for updated branding requirements.

A bility to import, configure, and update financial data in the budget book The software will seamlessly pull in balances from the most recently completed fiscal year, along with data from the current fiscal year in progress. It also integrates the current year’s operating budget to facilitate accurate financial reporting and budget forecasts. Data uploads are configured specifically for the City of Richmond’s unique chart of account structure during the implementation phase and can be updated throughout the contract period as needed. 5 76

METHODOLOGY

PRIMARY SYSTEM FEATURES

A bility to create tables, charts and graphs that update when data updates Dynamic charts, graphs, and tables can all be created directly within the Lomali Budget Book application. These dynamic charts, graphs, and tables display data based upon the user’s chosen filter and grouping and will update automatically when new data is uploaded into the system or when the data changes in the data source (i.e. the ERP system or budget system). This not only allows for accurate tables and graphs, but also ensures that reports are accurate and up to date.

Exhibit C: Dynamic Tables Tool
Exhibit D: Dynamic Charts & Graphs Tool
Customization options such as what data and calculations are displayed in the tables (ex: percent change year-over-year) are configured during the implementation phase. Additionally, GovDollars Consulting staff will customize default tables to match the branding requirements of the City of Richmond. This includes all color, font, and spacing requirements. Charts and graphs can similarly default to specific fonts and colors as prescribed by the City of Richmond, making adding these charts and graphs easy to create and uniform throughout the entire document. 6 77

METHODOLOGY

PRIMARY SYSTEM FEATURES

Ability to restrict access to pages or parts of pages based on role/security Our system supports granular entitlement or access control at both the user level, and at a group, or role-based, level. Some entitlements come standard, but we can also configure specific entitlements based on the City of Richmond’s requirements as part of the implementation process.

In general, access to pages is restricted based on the users assigned to that page. Parts of pages can be restricted using the structured template feature, which allows for certain elements, like headers, sub headers, logos, and other standard branding to be locked.

Ability to import and incorporate other PDF documents throughout Outside PDFs, such as the strategic plan can be imported within the application and added to previously created sections for the budget book or CIP. This allows for page numbering of outside PDFs to sync with the document automatically when the final PDF is generated in the application. These documents will also be incorporated into the Table of Contents automatically as a part of this syncing process.

Exports the final document into an easily printable PDF document The compiled information produced within the Lomali Budget Book application can be exported into an easily printable PDF document using the PDF generation tool. The final PDF will automatically generate a Table of Contents with hyperlinked page numbers for sections and pages. The PDF can then be printed or posted to the City’s website. This PDF can be adjusted to meet ADA publishing standards, with our staff providing ongoing guidance and support to ensure compliance.

Import and/or create images, organizational charts, and other graphics Outside images and organization charts can be easily imported into the Lomali Budget Book application and included directly within the Microsoft Word-like text editor. Standard images formats, such as .jpg, .png, and .gif are supported. Basic graphics can be created directly within the platform or imported as an image.
7 78

METHODOLOGY

PRIMARY SYSTEM FEATURES

Develops a web-f riendly version of the document
An interactive web version of the published financial documents is included with the subscription of the Lomali Budget Book product. The website can exist on its own or be integrated into the City of Richmond’s larger website. GovDollars Consulting staff will work with the City of Richmond’s staff to design and implement the website according to the City’s needs. Click the following link (https://garner.lomali.io/cloud-book/) for an example of a website version of the FY2025 Adopted Book for a client.

Track changes and commenting features
The text editor also features a track change and commenting section with date/time stamps for reference. This allows users to collaborate amongst each other and to make edits that require approval or rejection to move forward, thereby eliminating the need for separate email communications and multiple versions of documents during the publication process. Auto generation of emails notifying users of comments or changes to documents can also be set up within the system if desired.

Exhibit E: Track Changes and Commenting Feature
8 79

METHODOLOGY

PRIMARY SYSTEM FEATURES
Has workflow capabilities between different levels of users The Lomali Budget Book offers workflow capabilities between different levels of users within operating departments, the Finance Department, and the Manager’s Office. Unique workflow levels or elements for the City of Richmond will be added to the standard workflow during the implementation phase. Users are assigned certain roles within the workflow. These users can be modified per page for review, editing, and approval purposes. Additionally, users outside the Finance Department will only have access to the pages they are assigned a role, ensuring that edits and additions to pages are controlled.

Exhibit F: Page Settings & User Access
Moreover, a Manager’s Dashboard feature allows the Finance Department to review progress status and stages of each page. This feature allows the team to regularly review the progress of the publication and manage where needed. The Manager’s Dashboard will be configured during the implementation phase based on the individual users’ needs and roles.

Exhibit G: Manager’s Dashboard
9 80

METHODOLOGY
Key Components
• Training.
• System Documentation and Manuals.
• System Integrations.
• Unlimited support tickets.
• General customer support provided.
• Emergency phone support.

Training
At GovDollars Consulting, we provide robust end-user training on the Lomali Budget Book product. Our approach is to provide training to all end-users upfront after implementation and annually as a refresher for current staff and as an orientation for new staff. We provide training separately for the City’s Finance Department staff to ensure that all system administrators are setup appropriately and staff are aware of the content and limitations for different user roles. End-user trainings will take place in-person and online, depending on schedules and preference.

System Documentation and Manuals
Training materials and user guides are included as part of the initial training and ongoing operational support for the Lomali Budget Book product. These materials are in the form of step-by-step text-based guides and videos and can be referenced at any point directly within the system itself. All costs associated with these materials and the access to them are included within the ongoing subscription cost for the system.

New features and customizations added to the system for the City of Richmond’s unique business needs will also be added to these training materials. We consistently update these materials to ensure they showcase the latest features, and all users are aware of the system’s capabilities.

ONGOING SUPPORT SERVICES
v
10 81
System Integrations
System integration work (from ERP systems and other financial/budget systems) is available and included in the initial implementation phase for the Lomali Budget Book product. If special file formats, extra pre-processing, or scheduled batch integration (integration with other software systems) is desired, we provide complimentary ETL (Extract, Transform, & Load) consultation of up to 50 hours to customize for your system. This includes prior year data that the City of Richmond would like to display in tables, charts, and graphs within the published financial documents.

U
nlimited Support Tickets
The Lomali Budget Book team believes the path to providing our clients the best product and value includes an open line of communication. Rather than provide various tiers of support that limit that line of communication, we offer a single tier with unlimited requests. No matter how small the problem, we want to hear about it so we can continue making our platform the best for your budget needs. What’s more, we guarantee a next business day (or sooner) response time to all support tickets.

General Customer Support
Our customer support experts are available 8am-5pm EST to provide ongoing support needs during the contract period. Much of the needs the City of Richmond may come across can be addressed remotely and online via the submission of support tickets. Our customer support is included within the quoted cost of our product and is available at any point of the fiscal year.

Emergency Phone Support
Phone support is provided on an emergency basis. Emergency contacts and phone numbers will be provided to key City of Richmond personnel with the expectation that they be used for emergency events that require immediate response. Some examples of emergencies include: the system becoming completely unavailable and system errors that are blocking a budget deadline during the Budget Season Elevated Support Window.

ONGOING SUPPORT SERVICES

METHODOLOGY
11 82
Budget Season Elevated Support Window
We recognize that budget season is a hectic time for the City of Richmond. To keep services as readily available as possible, we take special care to prioritize requests and avoid any unnecessary software installs or upgrades during your established budget season window. Unless specifically requested, any upgrades will be postponed until the end of the budget season window.

Prioritized Feature & Enhancement Requests
Within the platform itself, we provide the City an opportunity to submit new feature and enhancement requests. Features requested by the City will receive prioritized treatment. We are constantly seeking feedback about system enhancements and look at any relationship with a client as a partnership opportunity to improve the budget process and the profession.

Upgrades Included
As a cloud SaaS (Software as a Service) product, we work to continuously enhance the products to better fit our customers’ needs. We release multiple new features throughout the year. As a subscriber to our product, City of Richmond will receive upgrades at no cost as they become available. Further, any upgrades and product enhancements will be communicated as they are being developed and implemented. Upgrades will be scheduled with City of Richmond before installation and will honor the Budget Season Elevated Support Window, unless specifically requested during the window.

MAINTENANCE + TRUST & CONTROLS

METHODOLOGY
Key Components
• Budget Season Elevated Support Window.
• Prioritized feature and enhancement requests.
• No-cost upgrades scheduled at customer’s convenience. • No maintenance for your IT department.
• 24/7 availability (excluding necessary maintenance performed after 6pm EST).
• Industry Standard Disaster Recovery with Daily Backups. • Internal controls & processes designed for future ISO- 27001/SOC/FedRAMP certification.
12 83
Maintenance Free
We take care of all the software maintenance: infrastructure, software patches, etc. so you can focus on maintaining your budget, and not your budget software.

Uptime, Disaster Recovery
Our support team targets a 99.9% uptime, which means 24/7 availability for users of the Lomali Budget Book product. Our team also follows cloud industry best practices for disaster recovery and software patching. Client data is backed up daily as a minimum.

Maintenance Window
Most maintenance is performed without disruption to users. However, from time-to-time certain types of maintenance or upgrades may require us to take the platform offline temporarily. To minimize user disruption, maintenance and upgrades will be performed after 6pm EST. During the Budget Season Elevated Support Window, only absolutely necessary maintenance activities will be performed.

T
rust & Security
Security and availability of our software is paramount to helping customers fulfill their budget requirements. To ensure our system’s integrity, we have designed our internal controls and processes in line with those defined by ISO-27001, SOC, and FedRAMP standards. Note: To keep costs low for our customers, we currently are not certified on these standards, but have the foundation in place to pursue certification as required.

MAINTENANCE + TRUST & CONTROLS

METHODOLOGY

13 84
Our phased implementation approach for the Lomali Budget Book involves a discovery phase, implementation and integration activities, live end-user training, and ongoing maintenance and customer support. Below is GovDollars Consulting’s implementation approach for the Lomali Budget Book along with the expected steps and activities within each phase. The timeline for each of these phases is provided in the next portion of this section.

Step 2: Implementation & Configuration
We will work one-on-one with your finance staff to ensure setup of the City of Richmond’s chart of account string format, provide any other customized configuration needs identified in Step 1, identify users and administrators of the system, and validate various features with system administrators.

Step 1: Identification of Current Business Processes
During the first implementation step of the Lomali Budget Book product, we will work one-on-one with the City’s Finance Department to identify and review current financial processes as well as the current financial publications. This information will allow us to adjust the Lomali Budget Book software where appropriate to match current City practices. We will also discuss templating, branding requirements, workflow roles, and other customization needs. A meeting with City IT staff may also be necessary to discuss technical configurations such as SSO (Single Sign-On) and setup for ETL (Extract, Transform, Load) work (i.e. system integrations).

Step 3: Data Integration
As a part of the implementation phase, chart of account data (operating and capital) and personnel data will be uploaded as a .csv file to then be manipulated and altered within the Lomali Budget Book product. Any programming that needs to occur for the data upload to be recognized in the Lomali Budget Book will be completed by GovDollars Consulting staff. If special file formats, extra pre-processing, or scheduled batch integration (integration with other software systems) is desired, we will provide comp
limentary ETL (Extract, Transform, & Load) consultation of up to 50 hours to customize for your system.

SOFTWARE DELIVERY MILESTONES & SCHEDULE

METHODOLOGY
1 2
3 14
85 Step 5: Training for Product Users
Next, we will train users on the Lomali Budget Book product. This training will take place in-person and online, depending on schedules and preference. Training materials, in both video and text-based formats, will also be provided as a reference for current users and for future users of the software. This will include any necessary adjustments to the software that were identified during Step 1.

An annual training refresher course will also be provided by GovDollars Consulting staff at the beginning of each budget planning cycle during the contract period.

Step 6: Maintenance and Customer Support
Ongoing maintenance and customer support for the Lomali Budget Book product will be provided to the City of Richmond throughout the duration of the contract. As errors or problems occur, end-users can use our application’s ticketing system to report and track these issues. During this time, there will also be new features developed and added to the software. We will provide additional training on all new features. More information on this step is provided in the Ongoing Support Services subsection.

Step 4: Testing
Testing of the data integration and any additional configuration needs, as well as adjustments to the software made due to unique City of Richmond’s business processes will occur prior to training and the system going live to all users. The City’s system administrators will be involved during this step to ensure data is integrated correctly. City finance staff may also be asked to test that financial and personnel data is showing correctly in dynamic tables, charts, and graphs. Feedback and error resolution will occur during this step, as well as any needed modifications to training materials.

METHODOLOGY

SOFTWARE DELIVERY MILESTONES & SCHEDULE

4 5
6 15
86 METHODOLOGY
Below are the general timeframes for milestones provided given an assumed five-year contract period. The first-year implementation steps will take approximately twelve weeks, with an additional two weeks scheduled for training. We can and will adjust this timeline depending on when a contract between the City of Richmond and GovDollars Consulting begins.

Much of the work discussed in this schedule will be completed during normal business hours. This is particularly true for any work involving City of Richmond staff. GovDollars Consulting staff will work after hours and on weekends as needed. Throughout the duration of the implementation and training phases, GovDollars Consulting staff will be working both onsite at the City of Richmond’s offices and remotely, depending on need and schedules. Once the products are implemented, most maintenance and customer support will be provided remotely.

SOFTWARE DELIVERY MILESTONES & SCHEDULE

Milestones Start Date Duration End Date
Step 1: Identification of Current
Business Processes
December 1, 2024 ~30 days December 30, 2024
Step 2: Implementation &
Configuration
January 1, 2025 ~30 days January 30, 2025
Step 3: Data
Conversion/Integration
January 1, 2025 ~30 days January 30, 2025
Step 4: Testing February 1, 2025 ~15 days February 15, 2025 Step 5: Training for Product
Users
February 15, 2025 ~15 days February 28, 2025
Step 6: Maintenance and
Customer Support
February 2025 Ongoing Contract End
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Our Experience and Expertise
Founded in 2022, GovDollars Consulting is a dynamic software company that is dedicated to developing cutting-edge software solutions tailored to the unique needs of municipal budget, finance, and management departments. Our flagship product, the Lomali Bud
get Book, represents a year of meticulous development,
with our team working diligently to create a robust and user- friendly platform.

I
ndependence is our hallmark, as we operate without reliance on external funding or investment support. Presently, a substantial 80% of our revenue, encompassing anticipated earnings, is dedicated to the future of software development. Our unwavering commitment revolves around crafting the Lomali Budget Suite—a product tailored to municipal requirements—with an eye on prospective expansion into primary and higher education.

T
he meticulous efforts of our dedicated team manifest in the continuous enhancement of our current products, customizing features to precisely align with our clients' unique needs. Seeking to create a symbiotic relationship with our user base, GovDollars Consulting actively invites feedback through formal and informal demos, conferences, and networking opportunities.

A
t present, we do not engage in strategic partnerships, and there are no imminent alterations in our financial landscape, ruling out mergers, acquisitions, takeovers, or divestitures. We have also not had any significant change to leadership since our inception and do not expect any organizational changes in the next year.

QUALIFICATIONS
17 88
Our Experience and Expertise
The Lomali Budget Suite team at GovDollars Consulting comprises a combined 25+ years of delivering financial services software, 10+ years of municipal budget management, and 10+ years of
successful business ownership. Public sector experience includes work in large county and city budget departments as well as large operating departments outside of the central budget function.

Private sector experience includes software development and management in large financial institutions and investment companies.

O
ur team members are highly trained in their fields, and all hold multiple post-secondary degrees. This includes a PhD in Engineering, three post-graduates in business, public
administration, or computer science, and multiple ABET accredited bachelor’s in computer science.

Our advisory team, comprised of budget professionals and systems analysts, consistently provides input on the development of all our budget software products. This professional insight is invaluable, enabling us to tailor our products to meet clients' specific needs and develop with the end-user in mind.

QUALIFICATIONS
18 89
Staffing Resources & Structure
GovDollars Consulting will staff this project with two-full time staff, one of them being the President and Head of Product and the other the Vice President of Engineering and Operations. Two additional software engineers will contribute to the project as needed. These individuals work directly on the Lomali Budget Suite products, providing software development expertise and ongoing maintenance and customer support.

Depending on project needs, we may also engage our diverse pool of contracted professionals that cater to a spectrum of business requirements, including consulting services, marketing initiatives, and legal and financial needs. Together, our team represents a harmonious synergy of skill, dedication, and innovation, propelling GovDollars Consulting into the future of municipal budgeting and planning software.

QUALIFICATIONS

Leah Patrick
President & Head of Product
Darren Doherty
Staff Engineer
Ben Morris
Staff Engineer
Talmage Patrick
Vice President of Engineering and
Operations
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Leah R. Patrick holds a pivotal role as the leader at GovDollars Consulting, where she assumes responsibility for steering the company's strategic vision and operational excellence. In her capacity, Leah manages the intricacies of daily business operations, encompassing marketing, development, customer engagement, and pursuit of new opportunities. She is also the lead product strategist and is intricately involved in designing the Lomali Budget Suite products.

With over a decade of dedicated experience in the public sector, Leah has cultivated her expertise primarily within the domains of local government budgeting and financial management. Her extensive portfolio includes engagements with prominent municipalities, encompassing cities and counties, spanning states of North Carolina and Texas, each with well over $1billion budgets.

Leah holds a Master of Public Administration degree from North Carolina State University and an undergraduate degree in Political Science from Appalachian State University.

During this relationship with the City of Richmond, Leah will be responsible for all project management components to include implementation, training, and ongoing customer services. She will also be the single point of contact on all matters dealing with the project.

Leah R. Patrick
President & Head of
Product
Co-Founder
Meet Our Team
The Lomali Budget Suite team at GovDollars Consulting comprises a combined 25+ years of delivering financial services software, 10+ years of municipal budget management, and 10+ years of successful business ownership.

O
ur team members are highly trained in their fields and most hold multiple post-secondary degrees. This includes a PhD in Engineering, two post- graduates in business, public administration and computer science, and multiple ABET accredited bachelor’s in computer science.

T
he following is a description of our staff and their roles and responsibilities during our relationship with the City of Richmond delivering the Lomali Budget Book product.

QUALIFICATIONS

20 91

QUALIFICATIONS
Talmage Patrick
VP of Engineering &
Operations
Co-founder
Darren Doherty is a ke y contributor and advisor to the development and maintenance of the Lomali Budget Suite. Darren holds a PhD in Engineering and a bachelor’s in information technology, both from the University of Galway. He also holds a postgraduate diploma in management practice from the UCD Smurfit School (sometimes called the “The Harvard of Ireland”).

D
arren has over 14 years of commercial software engineering experience in both backend and frontend system architecture, system design, and software development. His experience ranges from leading the technology strategy for software startups, to leading architectural and development efforts in large
multinationals like Survey Monkey, Fidelity Investments and Miro.

He is proficient in a wide range of technologies, including cloud technologies, IT operations, software architecture, and software technologies such as Java, Angular, TypeScript and Python.

Darren Doherty
Staff Engineer
Talmage Patrick is responsible for the overall technical direction of GovDollars Consulting and oversees day-to-day functions of finance, IT, support, customer success, and compliance. He has been writing software for over 25 years and has over a decade of software delivery experience in the financial services industry.

Talmage has delivered dozens of software projects for brands such as Fidelity, Vanguard, Best Buy, BASF, Peterbilt, Thyssen-Krupp, and more. His experience includes leading software delivery and support efforts on products managing 100s of billions of client dollars. Talmage’s other entrepreneurial pursuits include starting and running a real-estate investment business for the last 10 years.

Talmage holds bachelor’s degrees in computer science and business administration, both from North Carolina State University.

During this relationship with the City of Richmond, Talmage will be the lead software developer responsible for all implementation and configuration needs, to include added features, data integration testing and ongoing support
21 92

QUALIFICATIONS
Ben Morris is a member of the engineering team for the Lomali Budget Suite, with a focus on software development, maintenance, and support.

B
en holds a bachelor’s degree in electrical and computer engineering from Louisiana State University (2002) and a master’s in computer science from North Carolina State University (2024).

He also holds a master’s in teaching from Northwestern State University (2010).

B
en has been teaching math, biology, and engineering at the high school level since 2006. He has experience working with Java, Python, and Ruby as well as AI, Machine Learning, and advanced data structures and algorithms.

Ben Morris
Staff Engineer
22 93

QUALIFICATIONS
Our Journey
Starting in the summer of 2023, our company began marketing the Lomali Budget Book product to municipalities in the southeastern region. We currently have one client and reference from the Town of Garner, who recently went through the implementation milestone and produced their budget book and capital improvement plan using our product. • C
ompany/Government Entity: Town of Garner, NC
• Contact Name/Title: Sara Warren, Budget Director
• Address: 900 7th Avenue, Garner, NC 27529
• Direct Phone Number: (919) 773-4417 (o), (984) 303-7584 (c) • Email Address: [email protected]
• Length of Relationship: 2 years; Software consulting project in 2023 currently using Lomali Budget Book product (2024-2026). • Produced publication: Town of Garner FY2025 Recommended Budget Book; Town of Garner FY2025 Adopted Budget Book
• Produced website: https://garner.lomali.io/cloud-book W
e encourage readers of this proposal to review the produced publication, and website and pay special attention to the tables, charts, graphs, text, and other general publication features. All these elements were created in the Lomali Budget Book product and can be configured to meet the City of Richmond’s publication needs as well as any other regularly published financial document or report. This includes the ACFR, PAFR, monthly reports, and various other reports and presentations to Town Management, Town Council, and the public.
23 94

COST INFORMATION
The following is a breakdown of the ongoing and one-time costs of the Lomali Budget Book software product per fiscal year, given a five-year contract period.

Please note that our cost structure is purposely simple and wholistic. The ongoing costs include customer support services detailed in the Methodology section of this proposal as well as an unlimited amount of user licenses for the City of Richmond to utilize our product. One-time costs in the first fiscal year include implementation, configuration, testing and training for end-users, and any travel required by GovDollars Consulting staff for these activities. ß
z
00 √+
Fiscal Year Product Ongoing Cost One-Time Cost Total Cost FY2025 Budget Book $16,000 $18,000 $34,000
FY2026 Budget Book $16,000 N/A $16,000
FY2027 Budget Book $16,000 N/A $16,000
FY2028 Budget Book $16,000 N/A $16,000
FY2029 Budget Book $16,000 N/A $16,000
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CONCLUSION
We look forward to working with the City of Richmond and supporting all efforts to improve your budget and finance processes and financial publications. We are confident that we can meet the challenges ahead and are ready to partner with you in implementing our Lomali Budget Book product, as discussed in this proposal.

If you have questions on this proposal, or would like us to provide a presentation of our proposal, feel free to contact myself, Leah R. Patrick, at your convenience by email at leah.patrick@ govdollars.com or by phone at (919) 607-7877.

Otherwise, we look forward to next steps in the RFP process.

T
hank you for your consideration,
Leah R. Patrick
P
resident & Head of Product
GovDollars Consulting
ß
z
00 96
(919) 607-7877
[email protected]
www.govdollars.com
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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.

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.

Jerry Gurule
Jerry Gurule
Govdollars Consulting LLC
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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: ________________________________________________ Jerry Gurule
[email protected]
Govdollars Consulting LLC
Govdollars Consulting LLC
: 5409 Huntingwood Drive
Raleigh, NC 27606
[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.

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:

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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, Govdollars Consulting LLC
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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.

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.

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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:

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 Govdollars Consulting LLC
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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:

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

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 Govdollars Consulting LLC
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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.

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:

2.52, 2.56, and 2.60, if applicable.

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Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

17. CONFLICTING PROVISIONS:

18. FORCE MAJEURE:

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of Govdollars Consulting LLC
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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:

21. INTERPRETATION:

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

22. WARRANTY:

23. SEVERABILITY:

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, Govdollars Consulting LLC
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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:

26. COUNTERPARTS:

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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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”):

Govdollars Consulting LLC
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EXHIBIT F

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

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.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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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”).

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.

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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January 28, 2025

Human Resources

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

Amend Staffing (Position Control)
FINANCIAL IMPACT: It is anticipated that positions will be filled by the end of the fiscal year (four months) with an estimated remaining fiscal impact ~$14,964. The overage will be absorbed in the current budget.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The City Council’s authorization is required to amend
staffing (position control list) and allocate funding as required.

RECOMMENDED ACTION:

ADOPT a resolution amending staffing (position control) to reallocate existing positions – Human Resources
Department (Nickie Mastay/Sharrone Taylor 510-620-
6602).

DISCUSSION:

The City of Richmond recognizes that making thoughtful staffing choices is vital for the efficient functioning of local government, as these decisions directly impact service delivery, community involvement, and overall effectiveness. As such, we are dedicated to prioritizing the recruitment and development of our workforce, aiming to establish the AGENDA
REPORT
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January 28, 2025
City of Richmond as the preferred employer. The reallocations detailed below will directly enhance service delivery for our community.

POLICE DEPARTMENT

Police Lieutenant
Police Department staff proposes reclassifying the vacant Project Manager II position to a sworn Police Lieutenant position. This recommendation follows the departure of the previous civilian employee who held the role in the Department’s Office of Professional Accountability. The Project Manager II position has since been filled by a sworn Police Lieutenant, leaving the department in need of a sworn lieutenant position to address operational demands.

FISCAL IMPACT
Base Salary + Benefits @80% Four-month projection
Project Manager II $13,632 ~$24,537 ~$98,148
Police Lieutenant $14,766 ~$26,578 ~$106,315
Total Fiscal Impact ~ $8,167

CITY MANAGER’S OFFICE

Senior Management Analyst
The City Manager’s Office recently experienced the departure of the Senior Administrative Analyst. The job duties have since been disbursed among current staff and the City Manager desires to reallocate this position to Senior Management Analyst to provide additional higher level support on City-wide initiatives and City Council goals and objectives as well as backfill to support tasks as needed City-wide.

FISCAL IMPACT
Base Salary + Benefits @80% Four-month projection
Senior Administrative Analyst $9,435 ~$16,983 ~$67,932
Senior Management Analyst $10, 379 ~$18,682 ~$74,728
Total Fiscal Impact ~ $6,796

RECREATION

The Recreation Department is seeking to reallocate the recently vacated Registration Specialist position to an Office Specialist role. The Office Specialist classification is broader and allows for greater support for the Recreation Department and its patrons in a more impactful way.

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FISCAL IMPACT
Base Salary + Benefits @80% Four-month projection
Registration Specialist $5,455 ~$9,819 ~$39,276
Office Specialist $5,455 ~$9,819 ~$39,276
No fiscal impact

FISCAL IMPACT:

It is anticipated that positions will be filled by the end of the fiscal year with an estimated remaining Fiscal Year (FY) 2024-25 fiscal impact of ~$14,964. The total amount is projected for four months to allow for the recruitment process. The overage will be absorbed in the current budget.

SUMMARY:

City staff recommends approval of the resolutions amending the position control list and allocating funds, which will modify the position control list in the following manner:

DOCUMENTS ATTACHED:

Attachment 1 – Resolution amending the Position Control list

Classification Department Unit
Delete 1 – Project Manager II Police Department IFPTE Local 21 Executive Management
Add 1 – Police Lieutenant Police Department RPOA – Richmond Police Officer’s Association
Delete 1 – Senior Administrative
Analyst
City Manager’s Office IFPTE Local 21 Mid-
Management
Add 1 – Senior Management
Analyst
City Manager’s Office IFPTE Local 21 Mid-
Management
Delete 1 – Registration Specialist Recreation SEIU Local 1021 – General Employees
Add 1 – Office Specialist Recreation SEIU Local 1021 – General Employees
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RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST

WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and

WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and

WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.

NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and amend the budget to allocate the necessary funds for salaries, wages, and benefits as required; and

BE IT FURTHER RESOLVED, that, effective January 28, 2025, the City’s position control is hereby revised to add the following positions:

BE IT FURTHER RESOLVED, that, effective January 28, 2025, the City’s position control is hereby revised to delete the following positions:

Classification Department Unit
Police Lieutenant Police Department RPOA – Richmond Police Officer’s Association
Senior Management Analyst City Manager’s Office IFPTE Local 21 Mid-Management Office Specialist Recreation SEIU Local 1021 – General Employees Classification Department Unit
Project Manager II Police Department IFPTE Local 21 Executive Management
Senior Administrative Analyst City Manager’s Office IFPTE Local 21 Mid-Management 116
-----------

I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

____________________
Mayor

Approved as to form:

____________________
City Attorney
Registration Specialist Recreation SEIU Local 1021 – General Employees 117

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January 28, 2025

Human Resources

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

Parental Leave Enhancement for all Bargaining Groups
FINANCIAL IMPACT: The fiscal impact for all bargaining groups based on the past five-year average usage is approxiamtely $465,660.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

City Council approval is required for side letters with all bargaining groups to increase parental leave for all
bargaining groups.

RECOMMENDED ACTION:

ADOPT a resolution approving side letters with all
bargaining groups increasing Parental Leave from one
week to four weeks for 37.5-hour/week and 40-hour/week
employees and eight shifts for 56-hour/week employees
– City Manager’s Office/Human Resources Department
(Shasa Curl 510-620-6512/Nickie Mastay/Sharrone
Taylor 510-620-6803).

AGENDA
REPORT
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January 28, 2025
DISCUSSION:

The City of Richmond continues to ensure that we remain an employer of choice.

Expanding parental leave is a significant policy change as well as a crucial recruitment and retention strategy. By demonstrating our support for employees during significant life events, we convey a message that the City of Richmond prioritizes the well-being of its workforce. This approach reaffirms our dedication to supporting employees through all phases of their personal and professional lives, ultimately reflecting our core values as an organization while continuing to operationalize Health in All Policies.

In 2023, negotiations with the Local 188 Firefighters Union highlighted the critical need for expanding parental leave. The City agreed to meet and confer to explore establishing a parental leave policy to ensure employees have adequate paid time for baby bonding and support once they return to work.

The City Council acknowledged the necessity of enhancing parental leave policies for the entire workforce. As such, the Human Resources department conducted thorough research and analysis to assess the feasibility and financial implications of extending parental leave across all bargaining groups. Human Resources proceeded to present detailed proposals regarding the expansion of parental leave to all the Unions, allowing each Union the opportunity to meet and confer on the proposals. There was a consensus among all Unions regarding the benefits of expanding parental leave, leading to the signing of side letters that formalized their agreement. As a result, Human Resources is presenting these proposals to the City Council for ratification.

This step marks a significant improvement in our commitment to creating a supportive and equitable workplace for everyone in the City of Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Resolution Attachment A – Parental Leave Side Letter – SEIU Local 1021 General Resolution Attachment B – Parental Leave Side Letter – SEIU Local 1021 Part-Time Resolution Attachment C – Parental Leave Side Letter – IFPTE Local 21 Mid- Management
Resolution Attachment D – Parental Leave Side Letter – IFPTE Local 21 Executive Management
Resolution Attachment E – Parental Leave Side Letter – Local 188 Firefighters Resolution Attachment F – Parental Leave Side Letter – RFMA Resolution Attachment G – Parental Leave Side Letter – RPOA Resolution Attachment H – Parental Leave Side Letter – RPMA

119
RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

APPROVING THE SIDE LETTERS BETWEEN THE CITY OF RICHMOND AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 (FULL-TIME AND PART-

TIME UNITS), INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS (IFPTE) LOCAL 21 (MID-MANAGEMENT AND EXECUTIVE

MANAGEMENT UNITS), RPOA (RICHMOND POLICE OFFICERS ASSOCIATION), RPMA (RICHMOND POLICE MANAGEMENT ASSOCIATION), IAFF LOCAL 188 (INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS), AND RFMA (RICHMOND FIRE

MANAGEMENT ASSOCIATION) REGARDING ADDITIONAL PAID PARENTAL LEAVE

WHEREAS, the City has negotiated in good faith with Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid-Management and Executive Management Units), RPOA (Richmond Police Officers Association), RPMA (Richmond Police Management Association), IAFF Local 188 (International Association of Fire Fighters), RFMA (Richmond Fire Management Association), regarding the provision of additional paid parental leave; and

WHEREAS, the parties have executed a Side Letter increasing paid parental leave in the respective Memorandum of Understanding with each bargaining unit; and

WHEREAS, each Side Letter shall not bind the parties until they are ratified by a majority of the membership of each bargaining unit and ratified by the City Council; and

WHEREAS, the adoption of these Side Letters will support a stable and amicable labor relations environment in the City.

NOW THEREFORE, BE IT RESOLVED, that effective January 28, 2025, that the City Council of Richmond approves the Side Letters between the City and the Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units), International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid- Management and Executive Management Units), RPOA (Richmond Police Officers Association), RPMA (Richmond Police Management Association), IAFF Local 188 (International Association of Fire Fighters), and RFMA (Richmond Fire Management Association regarding additional paid parental leave, the terms of which are set forth in each side letter and marked as Exhibits A, B, C, D, E, F, G, & H to the agenda report in support of the resolution.

-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

120
AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

____________________
Mayor

Approved as to form:

____________________
City Attorney
121
122
123
124
125
126
127
1/22/25
1/22/25
128
129

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January 28, 2025

Library and Community Services

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager

Subject:

Approve a Sole -Source Contract Amendment with
Charleston Mobility for Electric Bikeshare Operations
FINANCIAL IMPACT: This project funding is being proposed for approval from the funds set aside via the Council approved Resolution for Transformative Communities and the FY 2023-24
Environmental and Community Investment Agreement
(ECIA) Transportation Budget and based on the First
Mile/Last Mile Transportation Strategic Plan (11785051- 400201 2A108).

PREVIOUS COUNCIL
ACTION:

June 4, 2019, July 20, 2021, August 24, 2022, and
September 12, 2023

STATEMENT OF THE
ISSUE:

City staff is requesting City Council approval to execute a first contract amendment with Sole Source Provider
Charleston Mobility to continue operations for the
expansion of the City of Richmond electric bikeshare
program.

RECOMMENDED ACTION:

APPROVE a first contract amendment with Charleston
Mobility in an amount not to exceed $577,484 for a total not to exceed contract amount of $2,750,341, with a term ending September 19, 2028, to support the continued
operation of the citywide electric bikeshare program; and APPROPRIATE $577,484 from the allocated
Environmental and Community Investment Agreement
(ECIA) Transportation grant fund to cover the cost of the AGENDA
REPORT
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January 28, 2025
contract amendment – Community Services Department
(LaShonda White 510-620-6828).

DISCUSSION:

The partnership between Today and the City had a soft launch in September 2023 which created 4 hubs, and 27 bikes being deployed. The new e-bike service officially launched in February 2024. To date there have been an additional 9 hubs, of which 6 of these are located in the TCC Project Areas mentioned earlier.

On November 20, 2024, the ECIA Transportation Committee received a presentation from Ride Today staff on the partnership with the City on the electric bike program and approved a recommendation to the City Council for a total of $577,484 in ECIA funding for 8 months of continued support.

Background
On July 18, 2018, the City of Richmond and the Metropolitan Transportation Commission (MTC) entered a grant funding agreement in the amount of $1,024,000 to fund the Bike Share Capital Program to plan and operate a pilot electric bikeshare program and a contract expiration of December 31, 2022. The program was to fund a total of 250 electric bikes located amongst 25 bike hubs within an approved project area.

The goal of the Bike Share Capital Program was to expand bicycle access and use through bike sharing and to facilitate multimodal transportation in connection with transit and other regional bike share operators. The MTC funding was intended to help project sponsors with capital purchases and implementation costs, including outreach.

On June 15, 2020, and after experiencing some supply chain delays, the Richmond Transportation Department successfully launched the electric bikeshare program.

In mid-June 2022, the bikeshare program accomplished nearly two years of uninterrupted bike share operations, and Richmond received recognition as an innovative Micromobility leader, and Transportation was in preparations to request additional funds or to seek new grant funds to continue the bikeshare program beyond the MTC funding termination date of December 31, 2022.

Unfortunately, in early July 2022, national news reports announced that Richmond’s bikeshare contractor, Bolt Mobility, had abruptly ceased operations within several markets leaving behind hundreds of locked bikes and hubs without notice. By mid-July 131

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January 28, 2025
and despite numerous failed efforts to contact Bolt, Richmond was one of the last markets to experience the lapse in service. Bolt Mobility left approximately 60 bikes at various hubs throughout the city and defaulted on their local warehouse lease containing over 150 additional bikes (many in various states of disrepair) and hub equipment. After a public article issued by the former Richmond Mayor Butt, the city experienced a surge of local theft of approximately two dozen of the MTC grant funded bikes that were left behind as well as experienced an additional burglary (which was reported to Richmond Police Department) from both the City Corporation Yard and a temporary city storage location of the recovered bikes.

Emergency Contract and Program Relaunch Delays
On August 19, 2022, City Council approved an emergency bike share contract with sole source provider Charleston Mobility who was committed to salvage the remaining eBike equipment and the ability to relaunch the program within a matter of months. The emergency eBike share plan was to accomplish several tasks related to fulfilling the bikeshare duties including the Richmond Rising Transformative Climate Communities Grant (TCC) commitments and relaunching the program but limiting the total assets deployed to a maximum of 100 bikes to allow time to stabilize, repair, engage in growth plans, and measure the outcomes and effectiveness of the previous program.

Electric Bikeshare Update
As of early June 2023, all the abandoned warehouse bikes have been accounted for and have been rebranded and/or repaired as needed for relaunch. The bikeshare APP has been updated and reprogrammed to accommodate both the citywide eBikeshare program as well as the TCC project area incentivized eBikeshare services. Charleston Mobility is working to fulfill the TCC related tasks during the term of the grant as well as to ensure uninterrupted electric bikeshare service.

The e-bike program at this time is offering a free voucher program for individuals who live, work, or study in the Richmond Rising project areas, which include the Iron Triangle, Coronado, and Santa Fe neighborhoods.

Current System Statistics And Key Performance Indicators Milestone % / # Completed (Indicator)
Total # of ridership since launch of program 2200+
Total of new riders for Summer – Fall 200+
Average ridership 25:40 mins = 2.96 miles
132

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January 28, 2025
Co2 Emissions Saved 16.9 metric tons
Vouchers used 48%
Positive experience during ridership 87%
Future Project Goals
The plan includes expanding hub locations and increasing the number of deployed bikes beyond the initial 2024 targets to enhance accessibility and meet growing demand. Efforts will focus on securing key partnerships, such as a title sponsor, lead safety sponsor, and additional sponsorships, to support program growth and sustainability. Additionally, the funding will prioritize pursuing grant funding opportunities while implementing strategies to boost ridership and maximi ze bike utilization, fostering a more connected and sustainable transportation network.

SYNERGISTIC POLICIES:

DOCUMENTS ATTACHED:

Attachment 1 – Charleston Mobility Emergency Bike Share Contract Attachment 2 – Charleston Mobility Bike Share Contract Amendment Attachment 3 – Slide Deck

133

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.

Community Services - Transportaiton
LaShonda White
[email protected]
(510) 620-6828
15552
Amended contract for continued electric bike share program operations ✔
1 Charleston Mobility, LLC
433 Bishop Street, Suite B1
Atlanta, GA 30318
David Touwsma
(404) 229-9889
[email protected]
40063371
✔
✔
Delaware
September 19, 2023
September 19, 2023
September 19, 2028
2,162,857.00
134
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.

Charleston Mobility, LLC
135
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

1 Charleston Mobility, LLC
577,484.00
2,750,341.00

Contractor will work in close collaboration with the City of Richmond on researching, applying for, supply data for reporting, and/or managing grants to support the continued operation of the e-bike program.

Contractor will provide monthly updates with each invoice to City staff regarding the e-bike program. Those updates should include but are not limited to: Total registered users in Richmond, Total Active users (i.e., at least one ride in last month), Total trip starts and total trip ends, per hour per hub, Total distance traveled, Total time e-bikes are used, and Total revenue received. Additional or revised data points can be discussed between both parties.

136

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

1. Parties.

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

2. Term.

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

3. Payment Limit.

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

4. Contractor’s Obligations.

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

5. City's Obligations.

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

Transportation Denée Evans
[email protected] 621-1718
Electric Bike Share Operations and expansion

CHARLESTON MOBILITY, LLC
433 BISHOP STREET, SUITE B1
ATLANTA, GA 30318

DAVID TOUWSMA
(404) 229-9889 [email protected]
40063371 December 31, 2023

DELAWARE
September 19, 2023
September 19, 2028
2,162,857.00
✔
6711
15552
DocuSign Envelope ID: 0064AA88-8A12-4A63-9322-EE200ADE5CC3 137
Managing Partner
9/19/23
DocuSign Envelope ID: 0064AA88-8A12-4A63-9322-EE200ADE5CC3 Mayor
138
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www.ridetoday.io
Powering a New Era of Travel
Richmond Bike Share Transportation Committee MeetingNovember 20, 2024DRAFT 167
2 Agenda•Activities to Date•Community Engagement•System Statistics and KPIs•Operating Budget•Future Plans / Sustainability 168
3 Activity Since Launch
•Initial Soft Launch September 2023 – 4 Hubs & 27 Bikes deployed•Launched 10 Additional Hubs in Richmond 2024 (6 of these Hubs in TCC Project Areas)•2 Additional Hubs Pending Encroachment Approval and Install•85 Bikes Deployed with Goal for 2024 > 150 Bikes and 17 Hubs•Completion of Local Richmond TeamCommunity Manager – Salma BerumenOperations Manager – Will HamiltonBike Mechanics/TechniciansBike AmbassadorsCanvassing Team 169
Potential Hub PlacementQ4 Hub Deployment (waiting on permit) Current Active Hub
4 Richmond Community Map
170
Community Engagement Activities
5 Goal: contribute to a sustainable electric future by prioritizing community input and fostering strong relationships.

Engagement Strategies 1.In-Person Engagement 2.Digital Outreach 3.Project Partners & Local Orgs4.Community Surveys and Feedback 5 171
Community Engagement ActivitiesEvent Participation•Today Launch w/ City of Richmond: Feb 6•Earth Day Celebration: April 20•Juneteenth Celebration•National Night Out: August 6•Atchison Village Community Day: September 28•Clean Air Day: Oct 2•TCC Meeting with Project Partners: Oct 2•Monthly BPAC (Bike and Pedestrian Advisory Committee): Oct 14•Arbor Day Event: October 19•TCC CSC Meetings (Monthly)•Neighborhood council meetings•Iron Triangle Neighborhood Council•Santa Fe Neighborhood Council•NURVE (Nystrom United Revitalization Effort)•Richmond Bike and Pedestrian Advisory Committee (monthly) 6 172
7 System Statistics and KPIs
•2200+ total riders•200+ new each month this summer/fall•Average ride 25:40 min - 2.96 Miles•16.92 Metric Tons of CO2 Emissions Saved on an annualized basis•Vouchers account for approximately 48% of total trips•87% liked their experience 173
Key Learnings•40+ people interested in becoming a bike ambassador •1200+ bike vouchers distributed for free ride credits project area residents•5 Person Team focused on Canvassing and Educating 3 days per week 8 System Statistics and KPIs
174
9 Current Operating Budget
Budget CategoryBudget AmountProgram Fees8,025.00Maintenance / Operations45,569.16Software / SIM4,895.25Warehouse5,350.00Insurance4,815.00Vehicle2,461.00Misc. /Job Supplies1,070.00Total Monthly Budget72,185.41 Requesting 8 months of Gap Funding
175
10 Operating Budget DetailsProgram Fee-Executive Involvement and Oversight-Customer Service and Market Support-Branding and marketing to support community engagement-Grant administration conducting required activities, communication, and support-Continual Firmware Updates for IoT, Display, Battery, etc.-Provide Access to Spare Parts / Vehicles-Provide necessary Access to Training / Repair Manuals-Data and Market ReportingMarket Maintenance & Operations-Market and Operational Oversight-Community Outreach-Recharging of Batteries / Vehicles-Rebalancing of Vehicles-Repairs Focused on Fleet Health-Recovery of Stolen and Damaged Vehicles Remote Team:Pete Ballard – Chief of StaffDavid Gachuz – Director of OperationsMike Fisher – Corporate MechanicLocal Team:Salma Berumen - Community ManagerWill Hamilton - Operations ManagerBike Mechanics/Technicians (2 FTE)Bike Ambassadors (3 PT)Canvassing Team (2 PT) 176
11 Operating Budget Details (cont’d)Software/SIM-Software Platform Fee for Rider Application, Mechanic Application, and Operator and Reporting Dashboard-SIM Card Technology connectivity to support live rental of vehiclesWarehouse-2,500 SF Local Warehouse in Richmond, CA to support Operations and Maintenance of ProgramInsurance-Full policy coverage required by City of Richmond:-$1M General Liability-$1M Auto Liability-Workers Compensation-$3M Excess Umbrella-$2M Cyber LiabilityVehicle-Electric Vehicle for Rebalancing, Recovery and Maintenance of Fleet 177
12 Future Plans & Program Sustainability•Expand Hub Locations and Increase Deployed Bikesbeyond 2024 plan•Seeking Title Sponsor, Lead Safety Sponsorand Other Sponsorship•Focus on Additional Grant Funding•Increase Ridership and Bike Utilization 178
Co-FoundersDavid Touwsma – [email protected] Flood – [email protected] Instagram: @bikerichmondtodayFacebook: @bikerichmondtoday Questions or Comments?
13 179

Richmond Police Department
Crime Report

Council Report January 2025

Mayor Martinez, Council and Community,

This report will provide you with the year-end data for 2024.

In reviewing the data, you will find that violent crime increased by 7% in 2024 but property crime decreased by 3% resulting in an overall decrease in crime of .25%.

The following tables provide the numbers of incidents related to part 1 crimes. It should be noted that Part 1 crimes are serious felony crimes. These tables and data do not capture misdemeanor crimes, infractions or quality of life issues.

180

2024 Highlights:

Police department staff generated 28,193 reports.
 2,084 arrests made – 1,103 felony arrests and 955 misdemeanor arrests.  198 DUI arrests
 258 firearms recovered
 Parking Enforcement Unit towed 1938 vehicles and red tagged 2523 vehicles  11 fatal collisions which resulted in 12 deaths
 Nine (9) Human Trafficking Special Operations
 46 Assaults with a firearm investigations

In 2024 there were 11 homicides. This is three more homicides than we had in 2023 but still one of the lowest numbers on record (there was one other year with 11 homicides). Of the 11 homicides, all but 3 have been solved. We continue to investigate and follow leads in the three open cases.

Communications Center

Our Communications Center received a total of 236,161 calls over the past year.

Of those calls, 86,889 were received through 911 and 149,272 were received on business lines.

Richmond Fire Department accounted for 19,230 calls and of those fire calls, Emergency Medical Dispatching (EMD) was initiated and/or completed for 13,599.

The average ring time (amount a caller has to wait while the phone is ringing) was 8 seconds.

181

Administration

The good news is that we were able to hire more staff in 2024 than we loss leaving us with an overall net gain.

 21 police officers hired in 2024
 13 professional staff members hired
 5 promotions
 13 police officer separations
 12 professional staff separations

The above information is just a snapshot of the work done in the police department.

Additional statistical data can be found on our website – richmondpd.net

In Service,

Bisa French
Chief of Police
Richmond Police Department

182
Richmond Police Department
Crime Statistics Report

1701 Regatta Blvd, Richmond CA 94804 January 7, 2025

** To provide crime stat data to the public as expeditiously as possible, the crime stats presented on this page are based on UNAUDITED RMS data gathered from police reports throughout all steps of the report writing process and are therefore subjec t to change until Records Audit and NIBRS validation is complete.

DATE: 12/1/24-12/31/24 (DECEMBER 2024)

VIOLENT CRIME:

Offense Type November December % Change
Homicide 0 0 No Change
Aggravated Assault 89 83 -7%
Robbery 26 48 +85%
Sexual Assault 12 2 -83%
Violent Crime Total 127 133 +5%

PROPERTY CRIME:

Offense Type November December % Change
Burglary
(Excludes Auto Burg.) 24 26 +8%
Theft
(Includes Auto Burg.) 181 136 -25%
Vehicle Theft 68 84 +24%
Arson 1 1 No Change
Property Crime Total 274 247 -10%

REPORTS/CALLS FOR SERVICE:

Report/CFS Type November December % Change
Impounds 292 237 -19%
Collision – Calls for Service 169 189 +12%
DUI Related – Traffic Collisions 0 4 +%
DUI Reports 30 19 -37%
Sideshow – Calls for Service 4 3 -25%
Total Firearms Recovered 20 52 +160%

183

ARRESTS WITH THEUSE OF LPR
RICHMOND POLICE DEPARTMENTAutomated License Plate Reader Statistics

VEHICLE RECOVERIESWITH USE OF LPR
Vehicle Theft
132
DATE: 1/1/24 - 12/31/24
Jan 7, 2025
CASES ASSISTEDBY LPR(Identifying suspectvehicle/Location, History, etc.) 414
131

LICENSE PLATERECOVERIES WITHUSE OF LPR
15 OFFENSES ASSOCIATED WITH ARRESTS
Embezzle Leased/Rented Vehicle

LPR HOT LIST READS
Stolen Plate
Stolen Vehicle
Felony Vehicle
Total LPR Hot List Reads
Hot List Type Total Reads
92,193
3,311
276
109,776

YEAR-TO-DATE STATISTICS
Homicide Organized Retail TheftEvade Peace Officer
Vehicle Recovery
Poss. of Stolen Vehicle
Poss. ControlledSubstanceCarry Loaded Firearm
Assault w Firearm onPerson
Felon/Addict inPossession of a Firearm
BurglaryCarjacking
Obstruct/Resist PeaceOfficer Poss. of Marijuana Over1oz Assault w DeadlyWeaponRobbery
Warrant Arrest
Criminal Threats Felony Parole Violation
184

Page 1 of 2 ends

January 28, 2025

Police Department

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

First Contract Amendment with Napa Solano SANE/SART
FINANCIAL IMPACT: The estimated expenditure of $12,000 is included in the Richmond Police Department’s Fiscal Year 2024-2025
approved budget and the remaining $88,000 will be
budgeted for in future years appropriately – account
string 01194021-400201.

PREVIOUS COUNCIL
ACTION:

February 27, 2024

STATEMENT OF THE
ISSUE:

Richmond Police Department staff utilize local hospitals to perform Sexual Assault Response Team kit tests to
collect evidence of sexual assault to preserve and use for identifying suspects. Funding needs to be added to the
contract with vendor Napa Solano SANE/SART, to
continue to collect sexual assault evidence.

RECOMMENDED ACTION:

APPROVE the first contract amendment with Napa
Solano SANE/SART to add funds of $100,000 for a total
contract value not to exceed $148,000 for a contract term through February 28, 2027 – Police Department (Chief
Bisa French, 510-621-1819).

AGENDA
REPORT
185

Page 2 of 2 ends

January 28, 2025
DISCUSSION:

Napa-Solano SANE/SART is utilized by RPD to process Sexual Assault Response Team (SART) kits when Contra Costa County Medical Center (CCRMC) Sexual Assault Nurse Examiners (SANE) are unavailable. CCRMC has limited SANE nursing staff available to complete SART kit collections which leaves Napa-Solano SANE/SART as Richmond Police Department staff’s only option. Napa-Solano SANE/SART is used by all Contra Costa County agencies including the City of Richmond.

Unfortunately, the only available SANE nurse at CCRMC retired recently, and there has been no replacement made available. All victims must now be routed to Napa Solano SANE/SART for SART kits until CCRMC hires a replacement. Staff had originally estimated that up to 10 victims would be sent to Napa Solano SANE/SART for SART kits annually, but there have been 14 victims since April 2024. Staff recommends adding $100,000 to the contract to ensure victims are examined without delay; the funding that was set aside for SART kits at the CCRMC will be used for SART kits performed at the Napa Solano SANE/SART facility instead.

SART kits are vitally important to preserve evidence for sexual assault crimes and must be performed quickly and with care. SANE nurses are specially trained to perform the task and to preserve the evidence to be used in the conviction of a suspect.

DOCUMENTS ATTACHED:

Attachment 1 – First Contract Amendment
Attachment 2 – Standard Contract

186

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:

POLICE
Sgt. Florencio Rivera
5351
5997
Sexual assault medical forensic exams.
✔
1 Napa-Solano SANE/SART
1141 Pear Tree Lane, Suite #220
Napa, CA 94558
Nicole Solario
(707) 224-1560
[email protected]
40059563
December 31, 2024
✔
February 27, 2024
March 1, 2024
February 28, 2027
48,000.00
187
Contract Amendment/EJ/TE 09-26-07

7. Signatures. These signatures attest the parties’ agreement hereto:

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the City
Manager.

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)

By:___________________________

Title:________________________

Napa-Solano SANE/SART
188
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."

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

5997
1 Napa-Solano SANE/SART
100,000.00
148,000.00

None.

189

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
190

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
191
For the Contract between the City of
Richmond and

EXHIBIT A

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

Police Department
192
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF

RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 193
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

194
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 195
General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 196
General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 197
General Conditions/EJ/TE 01-19-11 4 of 13

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

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 198
General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

199
General Conditions/EJ/TE 01-19-11 6 of 13

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 200
General Conditions/EJ/TE 01-19-11 7 of 13

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

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 201
General Conditions/EJ/TE 01-19-11 8 of 13

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

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 202
General Conditions/EJ/TE 01-19-11 9 of 13

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

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 203
General Conditions/EJ/TE 01-19-11 10 of 13

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

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

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

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

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

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

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

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

204
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 205
General Conditions/EJ/TE 01-19-11 12 of 13

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

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

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

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

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

39. Performance and Final Acceptance.

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

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

206
General Conditions/EJ/TE 01-19-11 13 of 13

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

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

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 207
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
208
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
209
___ 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.

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

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

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

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

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

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

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

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.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
210
___ 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.

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

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

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

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

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

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.

211
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

Subcontractors

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

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

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

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

Reporting Requirements

212
a. "Data
Brok er” means either of the following:
i. The collection of information, including personal information about consumers, from a wid
e 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 ultima
tely used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar serv
ices."
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 fa ilure 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 foreg oing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT H

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understand s 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:
213
January 28, 2025

Police Department

DATE: January 28, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Three-year contract with Allied Universal Security
Services.

FINANCIAL IMPACT: The estimated annual cost of $578,987.44 is budgeted through June 30, 2025 and the remaining annual costs
will be budgeted for appropriately – account string
01917090-400218.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

Following a competitive procurement process that
involved the issuance of a Request for Proposals and
evaluation of nine proposals, staff is requesting approval of contracts with Allied Universal for security guard
services at the Civic Center Campus and Richmond Port.

RECOMMENDED ACTION:

APPROVE a three-year contract with Allied Universal
Security Services to provide security services throughout the City of Richmond for a total estimated cost not to
exceed $1,916,153.99, which includes a five percent
contingency, for the contract term January 1, 2025,
through December 31, 2027, with two one-year
extensions, if mutually agreed upon – Police Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
214
January 28, 2025
DISCUSSION:

Although security services may be requested throughout the City, the majority of services will be requested at the Civic Center campus, Port, and Booker T. Anderson Community Center. The Civic Center campus consists of City Hall, City Council Chambers, Memorial Auditorium, Art Center, Library, Communications Center, Youth Works, Career Center, Senior Center, a public square, and surrounding parking lots and sitting areas. Security guard services will assist in providing a safe environment where residents and visitors can access city services and public spaces.

There are several historic buildings at the Port of Richmond Point Potrero Terminal and Terminal One that have been victimized by theft and vandalism in the past. Security guard services will assist in protecting City property from further theft and damage.

Booker T. Anderson Community Center is located at 960 South 47th Street and had to be closed while repairing damage caused by fire. While closed, the building was vandalized, which caused major damage and added significant costs for repairs.

Security services will patrol the building when it closes to the public at night and on the weekends.

On October 21, 2024 a Request for Proposals (RFP) for security services was posted on BidsOnline in accordance with the City’s contracting rules. Four hundred and eight vendors were notified and twenty-nine vendors submitted proposals. On December 12, 2024 a proposal review team reviewed and qualified each proposal.

Proposals were scored according to the years of experience the security company had, whether the security company had municipality experience and/or were local vendors (scope of services), and proposed cost – lower the cost the higher the score. Three- year total annual costs ranged from $1,448,581 to $3,728,146. There were no responding firms that were based in Richmond. The top three proposals were from, Allied Universal, which scored 94 out of 100 points, Good Guard, which scored 89 out of 100 points ($2,055,000 three-year cost), and Universal Security Company, which scored 85 out of 100 points ($2,100,000 three-year cost). Due to Allied Universal receiving the most points, it is recommended that Council select them to provide security services to the City of Richmond.

Annual costs are listed in the following chart and include annual union cost increases:

Allied Universal Security Proposed Costs
Cal. Year 2025 $578,987.44
Cal. Year 2026 $608,561.84
Cal. Year 2027 $637,359.28

215
January 28, 2025
Total 3 year Est. Cost $1,824,908.56
5% Contingency $91,245.43
Grand Total w/
contingency $1,916,153.99

Annual costs include estimated medical, vacation, sick pay, HeliAus device rental costs, vehicle costs, and Federal Unemployment Tax Act (FUTA) costs. A 5% contingency was added to the total three-year cost to cover as-needed event coverage or holdover coverage, and/or natural disaster event coverage.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – RFP
Attachment 3 – Allied Bid Response
216

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:

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth 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.217