PLEASE NOTE: HYBRID MEETING FORMAT
AMENDED AGENDA
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Tuesday, March 25, 2025, 3:30 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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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
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.
B. ROLL CALL
C. JOINT MEETING OF THE CITY OF RICHMOND/SURPLUS PROPERTY AUTHORITY
MEETING
SURPLUS PROPERTY AUTHORITY
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Surplus Property Authority of the City of Richmond v. Riggers Loft Wine Company
•
CITY COUNCIL
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor, Jack Hughes, Lisa Charbonneau Employee organizations:
SEIU Local 1021 Full Time Unit and Part Time Unit1.
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units
2. Richmond Police Officers Association RPOA3.
Richmond Police Management Association RPMA4.
IAFF Local 1885.
Richmond Fire Management Association RFMA6.
C.3 CONFERENCE WITH LEGALCOUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of GovernmentCode Section 54956.9) Winehaven Legacy LLC v. City of Richmond•
Guidiville Rancheria of California, et al. v. 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
________________________________________________________ 5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
5:00 p.m.
G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS (limited to ten minutes per item)
M.1 Proclamation Declaring April 2025 as National Second Chance Month 13 PROCLAMATION to declare April 2025 as National Second Chance Month and to recognize the unwavering efforts of Richmond’s reentry partners, including the Reentry Success Center, Rubicon Programs, Safe Return Project, Men and Women of Purpose, A Place to Call Home, 1HundredYears Enterprise and Men and Women of Valor - Councilmember Jamelia Brown (510-412-2050).
M.2 Proclamation Honoring the Richmond Police Department 32 PROCLAMATION to recognize and honor the extraordinary collective efforts and actions of the Richmond Police Department — officers, detectives, and crime scene investigators that came together to help stop a minor from being sexually abused by her stepfather - Vice Mayor Cesar Zepeda (510-620-6593) and Councilmember Doria Robinson (510-620-6568).
M.3 Proclamation Honoring the Planning Committee of the 18th Annual Sisters in Solidarity Event
36 PROCLAMATION honoring the Planning Committee of the 18th Annual Sisters in Solidarity Event – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503) and Councilmember Doria Robinson (510-620-6568).
N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
6 O.1 City Attorney's Office
O.1.a First Amendment to the Legal Services Agreement (“LSA”) with Maloney Employment Law
39 APPROVE a first amendment to the Legal Services Agreement with Maloney Employment Law in the amount of $150,000, for a total amount not to exceed amount of $500,000, with a term ending on June 30, 2027, to advise and represent the City in municipal law litigation matters, including appeals, as assigned by the City Attorney – City Attorney’s Office (Shannon Moore 510-620-6509).
O.1.b Adopt Sanctuary City Ordinance. 66
ADOPT an ordinance (second reading) adding Chapter 2.30 entitled “Limitations on Use of City Resources for Federal Immigration Enforcement” to the Richmond Municipal Code – City Attorney’s Office (Dave Aleshire/Shannon L. Moore/ Kimberly Y. Chin/Chris Dykzeul 510-620-6509).
O.2 City Council
O.2.a Proclamation for Reverend Dr. Curtis B. Flemming, Sr. Pastor of Hillcrest Baptist Church
83 PROCLAMATION recognizing the official installation of Reverend Dr.
Curtis B. Flemming as the new Pastor of Hillcrest Baptist Church on Sunday, March 9, 2025, while honoring the memory and legacy of previous Pastor Theodore Henry "Ted" Goslen who led Hillcrest Baptist Church with unwavering dedication and spiritual wisdom for 21 years - Councilmember Soheila Bana (510-672-3490).
O.2.b Proclamation to Celebrate Nowrūz (Norooz) 87
PROCLAMATION recognizing the celebration Nowrūz as a
community-building and peace-promoting event in Richmond and the City’s first annual Nowrūz Spring Equinox Celebration on Saturday, March 22, 2025, from 11:00 a.m. to 5:00 p.m. at Marina Bay Park - Councilmember Soheila Bana (510-672-3490).
O.3 Community Development
O.3.a Grant Agreement with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions)
92 APPROVE a grant services agreement in an amount not to exceed $300,000 with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) to provide development and supportive services for the Richmond Tiny House Village Farm and Garden Project at 175 23rd Street for a term expiring December 31, 2025 – Community Development Department (Lina Velasco/Jesus Morales 510-620- 6649).
7 O.4 Economic Development
O.4.a Contract Amendment No. 3 with R3 Consulting 218
APPROVE a third amendment to the contract with R3 Consulting Group, Inc amending the service plan to continue supporting the City with the Collection Agreement negotiations and complete a franchise fee cost-recovery analysis, increasing the contract payment limit by $60,000, to a new payment limit of $328,185, and extending the contract term expiration to June 30, 2026 – Economic Development Department (Nannette Beacham 510-621-1306/Samantha Carr 510- 620-5407/Yahna Williamson 510-620-6574).
O.4.b District Office Lease Agreement with U.S. Congress Member John Garamendi’s Office
341
APPROVE a lease with United States House of Representatives to allow Congressman John Garamendi to utilize approximately 845 square feet of office space, four cubicles, and a conference room on the second floor of 440 Civic Center Plaza as his Congressional District Office, at a rate of $1,140.75 per month ($13,689 per year), for a two-year term from January 3, 2025, through January 2, 2027 – Economic Development Department (Craig Murray 510-621-1612).
O.4.c Resolution to Accept and Appropriate the Grant Award for the Cannabis Equity Program
367
ADOPT a resolution to accept grant funding from the California Governor’s Office of Business and Economic Development, in the amount of $600,000 for the Cannabis Equity Program; AUTHORIZE the city manager or their designee to execute the necessary agreements with GO-Biz to accept the grant funds; and
APPROPRIATE the grant funds in the Fiscal Years 2024-2025 through 2026-2027 budgets – Economic Development Department (Nannette Beacham 510-621-1306/Lizeht Zepeda 510-620-
6653/Jesson de Leon 510-412-2023/Kyle Lam 510-620-6802/Junne Garcia 510-865-3532).
O.5 Finance Department
O.5.a State Audit Update - May 2025 373
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – City Manager’s Office/Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412- 2077)
8 O.6 Human Resources
O.6.a Contract Amendment No. 2 with AppleOne Temporary Staffing Agency
378
APPROVE a second amendment to the contract with AppleOne Employment Services, increasing the contract limit by $60,000, for a total amount not to exceed $260,000, for temporary staffing services on an as-needed basis – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
O.6.b Contract Amendment No. 2 with Century Group to Increase Payment Limit
423
APPROVE a second contract amendment with the Century Group for recruitment and temporary staffing services increasing the payment limit by $100,000, for a new amount not to exceed $250,000 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510- 620-6602).
O.6.c Contract Amendment for Municipal Resource Group (MRG) 462 APPROVE a contract amendment with Municipal Resources Group (MRG) in the amount of $200,000, for a total contract limit amount not to exceed $500,000, for consultation and staff training services – Human Resources Department (Sharrone Taylor/Nickie Mastay 510- 620-6602)
O.6.d Amend the Salary Schedule 532
ADOPT a resolution amending the salary schedule to retitle Code Enforcement Supervisor to Senior Code Enforcement Officer and revise the salary for City Attorney – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).
O.6.e Contract Amendment with Set-Up for Success 536
APPROVE a contract amendment with Set-Up for Success for consultation services for establishing a limited assistance protocol - Senate Bill 54, Chapter 45 Implementation Plan, extending the term expiration to December 31, 2025, and increasing the payment by $32,500, for a total amount not to exceed $85,250, and
APPROPRIATE funds as required – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
O.7 Mayor's Office
O.7.a Correction to Term Expiration Date for Andrew Melendez 587 AMEND the expiration date for Andrew Melendez’s current term to the Community Crisis Response Program Advisory Board, from December 31, 2025, to the correct date of December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
9 O.7.b Correction to Term Expiration Date for Lashara Johnson 589 AMEND the expiration date for Lashara LaShawn Monique Johnson’s current term on the Community Crisis Response Program Advisory Board from December 31, 2025, to the correct date of December 31, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.7.c Proclamation Declaring March 10, 2025, as Tibetan National Uprising Day
591
PROCLAMATION declaring March 10, 2024, as Tibetan Uprising Day in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
O.7.d Proclamation Declaring March 31, 2025, as Transgender Day of Visibility
594
PROCLAMATION declaring March 31, 2025, as Transgender Day of Visibility in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503) and Vice Mayor Cesar Zepeda (510-620- 6593).
O.8 Police Department
O.8.a AB 481 “Military Equipment Use” Annual Report 597 ADOPT a resolution (1) accepting the 2024 Annual Military Equipment Report; (2) determining that the Police Department’s use of military equipment in 2024 complied with the Department’s Military Equipment Policy No. 707 and state law; and (3) to renew the authorizing Ordinance No. 12-22 N.S. / Military Equipment Use Policy - Police Department (Bisa French 510-621-1802).
O.9 Public Works
O.9.a Resolution to Approve a Contract with Pablo Restorations Roofing and Waterproof Fire Station 68 Roof Repair
645
ADOPT a resolution approving a contract with Pablo Restoration Roofing and Waterproof to repair the roof of Fire Station 68 in an amount not to exceed $92,419.63 - Public Works Department (Tawfic Halaby 620-5482 / Daniel Chavarria 620-5478).
O.9.b Contract Amendment No. 1 with Sharjo, LLC dba ServiceMaster Restoration Services
676
APPROVE a first contract amendment with Sharjo, LLC dba ServiceMaster Restoration, to include on-call biohazard and unknown substance removal and disposal services in the amount of $70,000, for a new total contract amount not-to-exceed $115,000, and amending the two one-year extension amount not-to-exceed $50,000, for a new extension total amount not to exceed $80,000 – Public Works Department (Hugo Mendoza 510-231-3030/Daniel Chavarria 510-620-5478).
10 O.9.c Authorize an Application for Metropolitan Transportation Commission Housing Incentive Pool Funding
778
ADOPT a resolution authorizing the city manager or their designee to submit a grant application to Metropolitan Transportation Commission for Housing Incentive Pool funding for Bayview to BART, McBryde Avenue Safe Routes to Parks, Downtown Point Richmond Pedestrian and Bicycle Connectivity, and Carlson Crosstown Transit Stop Improvements Projects – Public Works Department (Janney Lockman 510-307-8097/Robert Armijo 510-620-5477/Daniel
Chavarria 510-620-5478).
O.9.d 10-Day Report on the Interim Urgency Ordinance Regarding Keller Beach Sanitary Sewer line.
791
RECEIVE and ISSUE the 10-Day Report on the Urgency Ordinance regarding the Keller Beach Sanitary Sewer line – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477).
O.9.e February 2025 Abatement Report 801
RECEIVE a report on the February 2025 abatement activities – Public Works Department (Hugo Mendoza 510-231-3030 / Tawfic Halaby 510-620-5482 / Daniel Chavarria 510-620-5478).
P. STUDY AND ACTION SESSION
P.1 Presentation from iFPTE local 21 on Unfunded Actuarial Liabilities 825 RECEIVE a presentation from iFPTE local 21 and DIRECT staff to work with iFPTE Local 21 researcher and the sponsors of this item to bring a detailed analysis of the following issues and bring it back to Council within 45 days:
Potential early amortization of unfunded liabilities for the city’s two CalPERS retirement plans using Chevron settlement funds •
Potential early amortization of the city’s OPEB unfunded liability using Chevron settlement funds
•
Possible use of bond financing for early amortization•
The City Council’s ability to redirect the funds in the city’s operating budget currently used for unfunded liabilities to support a broad range of expenditures, including ongoing expenses like additional staffing and expenditures that make Richmond less dependent on the fossil fuel industry as a revenue source (Just Transition) - Councilmembers Claudia Jimenez (510-620-6565), Doria Robinson (510-620-6568) and Sue Wilson (510-609-2111).
11 P.2 Presentation from West Contra Costa Unified School District 837 RECEIVE a presentation from West Contra Costa Unified School District’s Interim Superintendent, Kim Moses, regarding the West Contra Costa Unified School District's enrollment, attendance, budget projections, and data on current accomplishments of students, teachers, and schools - Councilmember Soheila Bana (510-672-3490).
Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) R. ADJOURNMENT
________________________
12
March 25, 2025
City Council
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Jamelia Brown
Subject:
Proclamation Declaring April 2025 as National Second
Chance Month
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
National Second Chance Month (observed in April) was
established to recognize the challenges faced by
individuals returning from incarceration and to promote fair opportunities in housing, employment, education, and civic participation.
RECOMMENDED ACTION:
PROCLAMATION to declare April 2025 as National
Second Chance Month and to recognize the unwavering
efforts of Richmond’s reentry partners, including the
Reentry Success Center, Rubicon Programs, Safe
Return Project, Men and Women of Purpose, A Place to
Call Home, 1HundredYears Enterprise and Men and
Women of Valor - Councilmember Jamelia Brown (510-
412-2050).
AGENDA
REPORT
13
March 25, 2025
DISCUSSION:
National Second Chance Month (observed in April) was established to recognize the challenges faced by individuals returning from incarceration and to promote fair opportunities in housing, employment, education, and civic participation. In 2017, the U.S. Department of Justice and organizations such as the Prison Fellowship officially declared April as National Second Chance Month. Since then, federal, state, and local governments, along with nonprofits and advocacy groups, have used this time to advocate for rehabilitation, reentry programs, and equitable treatment for justice- impacted individuals.
Each year, over 600,000 individuals are released from state and federal prisons, and nearly 1 in 3 Americans has a criminal record, facing barriers that limit their ability to rebuild their lives. Without adequate support, two-thirds of released individuals are re- arrested within three years.
Richmond is home to several reentry programs, including the Reentry Success Center, Rubicon Programs, Safe Return Project, Men and Women of Purpose, and recently, And A Place Called Home, which help justice-impacted individuals reintegrate successfully. By proclaiming April as National Second Chance Month, the City of Richmond:
1. Supports Public Safety & Reduces Recidivism – Stable employment and housing significantly lower the likelihood of reoffending, creating a safer community.
2. Strengthens the Workforce & Economy – Despite facing hiring discrimination, individuals with criminal records have been shown to perform as well as other employees. Expanding opportunities benefits businesses and local economic growth.
3. Promotes Fairness & Community Well-Being – Providing second chances fosters stronger families, reduces poverty, and encourages civic engagement.
This proclamation affirms Richmond’s commitment to second chances, urging businesses, organizations, and community leaders to support reentry efforts that promote dignity, opportunity, and long-term success.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation April National Second Chance Month Attachment 2 – Proclamation April National Second Chance Month -Reentry Success Center
Attachment 3 –Proclamation April National Second Chance Month- Rubicon Programs Attachment 4 –Proclamation April National Second Chance Month-Safe Return Project Attachment 5 – Proclamation April National Second Chance Month- Men and Women of Purpose
Attachment 6 – Proclamation April National Second Chance Month-A Place to Call Home
14
March 25, 2025
Attachment 7 –Proclamation April National Second Chance Month- Men and Women of Valor
Attachment 8 –Proclamation April National Second Chance Month- 1HundredYears Enterprise
15 Proclamation Recognizing April 2025 as National Second Chance Month
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partners, including the Re -entry Success Center, Rubicon Programs, Safe Return Project, Men and Women of Purpose, A Place to Call Home, Men and Women of Valor, and community advocates who work tirelessly to ensure justice-impacted individuals receive the resources and opportunities they need to thrive.
16 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
17 Proclamation Recognizing Richmond’s Re-entry Partner Re-entry Success Center
National Second Chance Month April 2025
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partner, Re-entry Success Center, who work tirelessly to ensure justice -impacted individuals receive the resources and opportunities they need to thrive.
18 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
19 Proclamation Recognizing Richmond’s Re-entry Partner Rubicon Programs
National Second Chance Month April 2025
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partner, Rubicon Programs, who work tirelessly to ensure justice-impacted individuals receive the resources and opportunities they need to thrive.
20 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
21 Proclamation Recognizing Richmond’s Re-entry Partner Safe Return Project
National Second Chance Month April 2025
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partner, Safe Return Project , who work tirelessly to ensure justice -impacted individuals receive the resources and opportunities they need to thrive.
22 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
23 Proclamation Recognizing Richmond’s Re-entry Partner Men and Women of Purpose
National Second Chance Month April 2025
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partner, Men and Women of Purpose, who work tirelessly to ensure justice-impacted individuals receive the resources and opportunities they need to thrive.
24 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
25 Proclamation Recognizing Richmond’s Re-entry Partner A Place to Call Home
National Second Chance Month April 2025
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partner, A Place to Call Home, who work tirelessly to ensure justice -impacted individuals receive the resources and opportunities they need to thrive.
26 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
27 Proclamation Recognizing Richmond’s Re-entry Partner Men and Women of Valor
National Second Chance Month April 2025
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partner, Men and Women of Valor, who work tirelessly to ensure justice-impacted individuals receive the resources and opportunities they need to thrive.
28 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
29 Proclamation Recognizing Richmond’s Re-entry Partner 1Hundred Years Enterprise
National Second Chance Month April 2025
WHEREAS, justice is not merely about punishment but about the power of redemption, renewal, and the unwavering belief in human potential; and the City of Richmond affirms that every individual, regardless of their past, deserves the opportunity to rebuild, restore, and contribute to their community with dignity and purpose; and WHEREAS, more than 600,000 individuals return home from incarceration each year, seeking the opportunity to contribute to their families and communities, yet too often face insurmountable barriers to employment, housing, education, and civic engagement; and WHEREAS, in 2017, the U.S. Department of Justice, alongside organizations such as Prison Fellowship, formally recognized April as National Second Chance Month, calling upon the nation to embrace the power of redemption, the necessity of fair opportunities, and the collective responsibility to support reintegration efforts; and WHEREAS, nearly one in three Americans has a criminal record, and systemic obstacles deny many the basic resources needed to reestablish their lives, perpetuating cycles of poverty, recidivism, and disenfranchisement that weaken communities and hinder public safety; and
WHEREAS, Richmond is a city built on resilience, and through the efforts of local re - entry programs, we affirm our commitment to fostering pathways to opportunity, ensuring that justice-impacted individuals have access to the tools needed for long -term success; and
WHEREAS, when we invest in second chances, we invest in stronger families, safer neighborhoods, and a more just society, acknowledging that redemption is not merely an ideal but a necessary principle in the pursuit of equity and healing; and we recognize the unwavering efforts of Richmond’s re-entry partner, 1Hundred Years Enterprise, who work tirelessly to ensure justice-impacted individuals receive the resources and opportunities they need to thrive.
30 NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim April 2025 as National Second Chance Month in the City of Richmond. I encourage all residents, businesses, and institutions to reaffirm our shared belief in transformation, to support efforts that remove barriers to reintegration, and to stand in solidarity with those seeking a fresh start.
BE IT FURTHER RESOLVED, during this month of National Second Chance , we recognize the citizens of Richmond, who are committed to building a future in which no person is deprived of human dignity or denied their inherent human rights of liberty, security, and access to justice.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Jamelia Brown City of Richmond District 1 March 25, 2025
_________________________
Council Member Soheila Bana
District 4
31
March 25, 2025
City Council
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Vice Mayor Cesar Zepeda
Subject:
Proclamation Honoring the Richmond Police Department
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Proclamation Honoring the Richmond Police Department
to honor the extraordinary collective efforts and actions of the Richmond Police Department—officers, detectives,
and crime scene investigators that showcases the very
best of law enforcement -to protect and serve with
integrity, diligence, and courage, to stand as a beacon of justice for all.
RECOMMENDED ACTION:
PROCLAMATION to recognize and honor the
extraordinary collective efforts and actions of the
Richmond Police Department—officers, detectives, and
crime scene investigators that came together to help stop a minor from being sexually abused by her stepfather -
Vice Mayor Cesar Zepeda (510-620-6593) and
Councilmember Doria Robinson (510-620-6568).
AGENDA
REPORT
32
March 25, 2025
DISCUSSION:
The City Council would like to honor the extraordinary efforts of the Richmond Police Department—officers, detectives, and crime scene investigators—who demonstrated unparalleled dedication, urgency, and unwavering commitment to justice in response to a horrific crime against one of our most vulnerable community members.
A young courageous, elementary school student approached a Richmond Police Sergeant, Sergeant Melgoza, to report that another adult was sexually assaulting her friend and classmate.
In that moment, this officer became more than just a public servant, he became a trusted community guardian and, in many ways, a lifesaver. Without hesitation, Sergeant Melgoza and other responding officers acted swiftly, immediately contacting the victim’s family and locating the child’s whereabouts.
Through seamless collaboration with several Richmond PD staff members, the Contra Costa County District Attorney’s Office, and the Contra Costa Crime Lab, critical DNA evidence was expedited and processed with urgency, confirming the assault and securing the necessary legal foundation to keep the suspect in custody until trial.
Their availability to all community members, coupled with an immediate response, meticulous investigation, attention to detail, and steadfast pursuit of justice, have made Richmond a safer community.
Their collective efforts and actions embody the very best of law enforcement- integrity, diligence, and courage. They remind us why we trust those who wear the badge—to serve, to protect, and to stand as a beacon of justice for all.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
33 Proclamation Honoring the Outstanding Work of The Richmond Police Department and Their Collaborative Efforts to Protect The Most Vulnerable
WHEREAS, we gather to honor the extraordinary efforts of the Richmond Police Department—officers, detectives, and crime scene investigators —who demonstrated unparalleled dedication, urgency, and unwavering commitment to justice in response to a horrific crime against one of our most vulnerable community members; and WHEREAS, a young courageous, elementary school student approached a Richmond Police Sergeant, Sergeant Melgoza, to report that another adult was sexually assaulting her friend and classmate; and
WHEREAS, in that moment, Sergeant Melgoza became more than just a public servant – he became a trusted community guardian and, in many ways, a lifesaver. Sergeant Melgoza and other responding officers acted immediately contacting the victim’s family and locating the child’s whereabouts; and
WHEREAS, upon arriving at the victim’s home, officers were confronted by an individual who made every attempt to dissuade the officers and prohibit them from contacting the potential victim; and
WHEREAS, the officers met his resistance with an unwavering commitment to ensure the vulnerable child was protected; and
WHEREAS, the officers interrupted a sexual crime that had just occurred and their decisive actions led to the prompt arrest of the suspect – the victim’s stepfather; and WHEREAS, recognizing the gravity of the situation, the officers, detectives, and crime scene investigators worked tirelessly, in a meticulous investigation, ensuring that no detail was overlooked in the steadfast pursuit of justice; they made Richmond a safer community; and
34 WHEREAS, through seamless collaboration with several Richmond PD staff members, the Contra Costa County District Attorney’s Office, and the Contra Costa Crime Lab, critical DNA evidence was expedited and processed with urgency, confirming the assault and securing the necessary legal foundation to keep the suspect in custody until trial; and WHEREAS, the suspect is being held on a $7 million bail. He faces the prospect of spending the remainder of his natural life behind bars; and WHEREAS, the officers collective efforts and actions embody the very best of law enforcement- integrity, diligence, and courage. They remind us why we trust those who wear the badge—to serve, to protect, and to stand as a beacon of justice for all ; and WHEREAS, we recognize and commend the following individuals for their unwavering dedication to protecting the most vulnerable among us:
Lieutenant Decious Detective Moschetti
Sergeant Rivera Officer Sousa Sergeant Melgoza Officer F. Garcia
Sergeant Castillo Officer Santiago
Detective Farr Officer Gonzalez
Detective K. Nguyen CSI Darling
Detective Alvarado
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, do hereby proclaim recognition and immense gratitude to these exceptional public servants on behalf of the Richmond City Council and the entire Richmond community. Your commitment to justice for all does not go unnoticed, and we are forever grateful for your service.
_________________________ _________________________ Mayor, Eduardo Martinez Vice Mayor, Cesar Zepeda City of Richmond District 2 March 25, 2025
_________________________
Council Member, Doria Robinson
District 3
35
March 25, 2025
Mayor's Office
DATE: March 25, 2025
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez and
Councilmember Doria Robinson
Subject:
Proclamation Honoring the Planning Committee of the
18th Annual Sisters in Solidarity Event
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
Since 2008, the City of Richmond has celebrated
International Women's Day with the Sisters in Solidarity— Hermanas en Solidaridad event. This annual celebration
would not be possible without the unwavering dedication and leadership of the Sisters in Solidarity Planning
Committee.
RECOMMENDED ACTION: PROCLAMATION honoring the Planning Committee of the 18th Annual Sisters in Solidarity Event – Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503) and
Councilmember Doria Robinson (510-620-6568)
DISCUSSION:
The City of Richmond proudly recognizes the dedicated efforts of the Sisters in Solidarity Planning Committee in organizing the 18th Annual Sisters in Solidarity— Hermanas en Solidaridad event. Since 2008, this event has served as a powerful platform to celebrate International Women's Day, bringing together community leaders, organizations, and residents to uplift and empower women. This year’s theme, "Accelerate Action: #WomenHavePower," reflects the committee's commitment to fostering dialogue, inspiring collective action, and honoring the invaluable contributions AGENDA
REPORT
36
March 25, 2025
of women in Richmond and beyond. The success of this event is made possible by the hard work, passion, and leadership of the planning committee members, who dedicate their time and energy to ensuring an inclusive and impactful celebration. The City of Richmond extends its deepest appreciation to these individuals for their unwavering commitment to equity, solidarity, and community empowerment.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation honoring the Planning Committee of the 18th Annual Sisters in Solidarity Event
37 Mayor Eduardo Martinez
City of Richmond
March 25, 2025
HONORING THE PLANNING COMMITTEE OF THE
18TH ANNUAL SISTERS IN SOLIDARITY EVENT
WHEREAS, International Women’s Day, observed annually on March 8, is a global celebration recognizing the achievements, contributions, and resilience of women while reaffirming the ongoing fight for gender equality, justice, and empowerment; and
WHEREAS, since 2008, the City of Richmond has honored this important day through the Sisters in Solidarity—Hermanas en Solidaridad event, bringing together community leaders, local organizations, and residents to uplift and support women in Richmond and beyond; and
WHEREAS, the 18th Annual Sisters in Solidarity event, themed "Accelerate Action:
#WomenHavePower," continues this tradition by inspiring collective action, fostering dialogue, and highlighting the invaluable contributions of women who are leading change in our community; and
WHEREAS, this event would not be possible without the dedication and leadership of the Sisters in Solidarity Planning Committee, including city staff, volunteers, and community advocates who work tirelessly to ensure a meaningful and inclusive celebration; and
WHEREAS, the City of Richmond commends and expresses deep appreciation for the Sisters in Solidarity Planning Committee, whose commitment to equity, empowerment, and solidarity strengthens our community and advances the movement for a more just and inclusive society;
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, and the Richmond City Council do hereby recognize and honor the Planning Committee of the 18th Annual Sisters in Solidarity Event for their unwavering dedication to uplifting women and fostering a spirit of unity and action.
2025 SISTERS IN SOLIDARITY PLANNING COMMITTEE MEMBERS
• Linda Whitmore, Interim Chair
• Ilaf Esuf
• Yenny Garcia
• Queen Graham
• LaMarla Guillory
• Tiffany Harris
• Mary Marable
• Ruthie Abelson Olivas
• Jill Rodby
Councilmember Doria Robinson
City of Richmond
March 25, 2025
38
March 25, 2025
City Attorney's Office
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Subject:
First Amendment to the Legal Services Agreement (“LSA”) with Maloney Employment Law
FINANCIAL IMPACT: This first amendment will add $150,000 for a total legal services agreement in an amount not to exceed
$500,000. This agreement is charged to the Risk
Management General Liability Fund 50182316-400554.
PREVIOUS COUNCIL
ACTION:
March 2, 2021
October 18, 2021
June 28, 2022
December 19, 2023
STATEMENT OF THE
ISSUE:
An amendment is needed to add additional funds and
extend the time to the LSA with Maloney Employment
Law, to ensure that the City has appropriate legal
representation in pending employment cases and matters
before the Personnel Board.
RECOMMENDED ACTION:
APPROVE a first amendment to the Legal Services
Agreement with Maloney Employment Law in the amount
of $150,000, for a total amount not to exceed amount of $500,000, with a term ending on June 30, 2027, to advise and represent the City in municipal law litigation matters, including appeals, as assigned by the City Attorney – City Attorney’s Office (Shannon Moore 510-620-6509).
AGENDA
REPORT
39
March 25, 2025
DISCUSSION:
Maloney Employment Law has successfully defended the City of Richmond (“the City”) in several employment matters and is currently handling several pending cases for the City. As such, the City Attorney’s Office wants to continue contracting with attorney Christine Maloney, a seasoned municipal law litigator with Maloney Employment Law, who has the experience and expertise necessary to continue to represent the City in pending employment cases and matters.
Rates for Maloney Employment Law: Christine Maloney $325 per hour; and paralegals $145 per hour.
The City Attorney’s Office requests approval of a first amendment to the Legal Services Agreement with Maloney Employment Law, to increase the amount by $150,000, for a total amount not to exceed $500,000, with term ending June 30, 2027.
DOCUMENTS ATTACHED:
Attachment 1 – Maloney Employment Law, First Amendment to Legal Services Agreement (Proposed)
Attachment 2 – Maloney Employment Law, Legal Services Agreement 40 Maloney--First Amendment to Agreement for Legal Services DocID #38286v3
A-1
FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
MALONEY EMPLOYMENT LAW
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and MALONEY EMPLOYMENT LAW (“Special Counsel”) (the "First Amendment") is entered into as of March 25, 2025, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on July 1, 2023, for an amount not to exceed $350,000 and a term ending June 30, 2025; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $150,000.00 and extend the term to June 30, 2027; and
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this First Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.
2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this First Amendment increases the compensation limit by $150,000.00 and extends the term to June 30, 2027.
3. Counterparts. This First Amendment may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.
[Signatures on following page]
41 Maloney--First Amendment to Agreement for Legal Services DocID #38286v3
A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.
CITY OF RICHMOND MALONEY EMPLOYMENT LAW
________________________ By __________________________ Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
42 Maloney--First Amendment to Agreement for Legal Services DocID #38286v3
A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall handle, advise and represent the City of Richmond in municipal law litigation matters, including appeals, as assigned by the City Attorney.
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon L. Moore, Chief Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates
CHRISTINE MALONEY $325/hour
PARALEGAL(S) $145/hour
Compensation:
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed FIVE HUNDRED THOUSAND Dollars ($500,000) for attorneys’ fees and reimbursements.
43 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 44 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 45 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 46 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 47 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 48 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 49 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 50 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 Eduardo Martinez
51 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 52 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 53 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 54 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 55 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 56 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 57 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 58 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 59 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 60 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 61 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 62 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 63 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 64 DocuSign Envelope ID: 9F5EDC96-B515-4FD2-AFA9-09B173823463 65
March 25, 2025
DocID #36738v3
City Attorney's Office
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon L. Moore, Chief Assistant City Attorney
Kimberly Y. Chin, Senior Assistant City Attorney
Chris Dykzeul, Assistant City Attorney
Subject:
Adopt Sanctuary City Ordinance.
FINANCIAL IMPACT: There is no immediate financial impact, but there is a risk of withdrawal, rescission, or loss of federal grant funds.
Federal responses are evolving. Approximately
$62,278,429 in federal funding could be at risk.
PREVIOUS COUNCIL
ACTION:
August 20, 1990 (Ordinance No. 29-90)
June 5, 2018 (Ordinance No. 12-18)
STATEMENT OF THE
ISSUE:
Adopt an ordinance limiting the use of City resources for federal immigration enforcement that is consistent with state and federal law.
RECOMMENDED ACTION:
ADOPT an ordinance (second reading) adding Chapter
2.30 entitled “Limitations on Use of City Resources for Federal Immigration Enforcement” to the Richmond
Municipal Code – City Attorney’s Office (Dave
Aleshire/Shannon L. Moore/ Kimberly Y. Chin/Chris
Dykzeul 510-620-6509).
AGENDA
REPORT
66
March 25, 2025
DocID #36738v3
DISCUSSION:
At the Council meeting on January 28, 2025, the Richmond City Council unanimously directed the City Attorney’s Office to review the City of Richmond’s current legislation protecting undocumented immigrants and to examine current activity at the federal, state and local l evels and to provide recommendations on additional protections for undocumented immigrants in line with the State of California and other local communities (See Item N.2.a)
Consistent with Council’s direction, the City Attorney’s Office evaluated the City of Richmond’s current sanctuary city protections and provided recommendations in ordinance form adding additional protections for undocumented immigrants that is consistent with state and federal law.
Background
The Richmond City Council adopted Ordinance No. 29-20 (Attachment 1) and Ordinance No. 12-18 (Attachment 2) which provide certain sanctuary city protections at the local level to the immigrant community.
Additionally, the State of California has named itself a “sanctuary state,” following the passage of Senate Bill 54 in 2017. In 2019, the Ninth Circuit Court of Appeal rejected the first Trump administration ’s challenge to SB 54’s limitations on local assi stance with federal immigration enforcement efforts and underscored the right of state and local jurisdictions not to assist federal authorities, particularly when local resources are already scarce. U.S. v. California , 921 F.3d 865 (9th Cir. 2019). The fo llowing counties have passed legislation limiting assistance to federal immigration enforcement efforts :
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.
In light of the current Trump administration’s threats of mass deportations and its recission of the long -standing federal policy restricting Immigration and Customs Enforcement (“ICE”) and the potential of ICE arrests in sensitive areas such as schools, after -school programs, hospitals, community health centers, and places of worship, the City by its ordinance would reaffirm to the community its status as a Sa nctuary City and bolster existing policies should ICE officials contact city officials or visit city offices to ask questions, collect information, or request assistance with arresting any undocumented or naturalized resident or visitor beyond what is legally required.
From reviewing various ordinances, sanctuary is fundamentally about public safety: the need for the community to feel safe. When all community members, documented or undocumented, are able to attend school and after -school programs, hospitals and health centers, and places of worship without the threat of deportation, a more connected thriving community results.
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The City has an interest in ensuring that confidential information collected in the course of carrying out its municipal functions, including but not limited to public programs and criminal investigations, is not used for unintended purposes that could hamper collection of information vital to those functions . T he City must be able to r eliably collect confidential information from all residents. To solve crimes and protect the public, local law enforcement depends on the cooperation of all City residents. Information gathering and cooperation may be jeopardized if release of personal information results in a person being taken into immigration custody.
Assisting federal immigration endeavors also come at a cost to the City. Pursuant to Section 287.7 of Title 8 of the Code of Federal Regulations, the City is not reimbursed by the federal government for the costs associated with civil immigration detainers alone.
The full cost of responding to a civil immigration detainer can include, but is not limited to, extended detention time, the administrative costs of tracking and responding to detainers, and the legal liability for erroneously holding an individual who is not subject to a civil immigration detainer. Compliance with civil immigrati on detainers and involvement in civil immigration enforcement diverts limited local resources from programs that are beneficial to the City. The Richmond Police Department has affirmed that its mission is to protect the safety of all people in the communit y irrespective of document status.
Finally, there are legal concerns with leveraging City resources for federal immigration endeavors. Given that civil immigration detainers are issued by immigration officers without judicial oversight, and the regulation authorizing civil immigration detainers provides no minimum standard of proof for their issuance, there are serious questions as to their constitutionality. Unlike criminal warrants, which must be supported by probable cause and issued by a neutral magistrate, there are no such requirements for the issuance of a civil immigration detainer. Several federal courts have ruled that because civil immigration detainers and other ICE “Notice of Action ” documents are issued without probable cause of criminal condu ct, they do not meet the Fourth Amendment requirements for state or local law enforcement officials to arrest and hold an individual in custody. Miranda-Olivares v. Clackamas Co. , No. 3:12 -cv-02317-ST, 2014 WL 1414305 (D.Or. April 11, 2014) (finding that d etention pursuant to an immigration detainer is a seizure that must comport with the Fourth Amendment) ; see also Morales v. Chadbourne , 996 F. Supp. 2d 19 (D .R.I 2014); Villars v. Kubiatowski , No. 12-cv-4586, 2014 WL 1795631 (N.D. Ill. May 5, 2014).
Accordingly, the purpose of the proposed ordinance, adding Chapter 2.30, Limitations on Use of City Re sources for Federal Immigration Enforcement , to Article II, Administration and City Government, within the City’s municipal code, is to foster respect and trust between the City, its programs, and law enforcement and residents, to protect limited local resources, to encourage cooperation between residents and City officials, including especially law enforcement and public health officers and employees, and to ensure community security and due process for all. The proposed ordinance is not intended to prohibit the City or its personnel from complying with state or federal law.
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The current administration has stated they will act against those interfering with enforcement of federal immigration law and has threatened to withhold or condition federal funds from jurisdictions that limit assistance with federal immigration efforts. E.g., Executive Order 14,159, Protecting the American People Against Invasion, 90 Fed. Reg. 8237. (Jan. 20, 2025). However, such efforts have been successfully challenged in the past, resulting in injunctions preventing the federal government and Department of Justice from withholding or conditioning those funds. E.g., City and County of San Francisco v.
Garland, 42 F. 4th 1078 (9th Cir. 2022); City and County of San Francisco v. Barr , 965 F.3d 753 (9th Cir. 2020); City of Los Angeles v. Barr , 941 F.3d 931 ( 9th Cir. 2019). The legal status of the current efforts will be subject to judicial review. It will be the intent of the City of Richmond to follow all binding legal precedent.
DOCUMENTS ATTACHED:
Attachment 1 – Ordinance No. 29-90
Attachment 2 – Ordinance No. 12-18
Attachment 3 – Proposed Ordinance
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ORDINANCE NO. N.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND
LIMITING THE USE OF CITY RESOURCES FOR FEDERAL IMMIGRATION
ENFORCEMENT
The City Council of the City of Richmond do ordain as follows:
SECTION 1. AUTHORITY. This Ordinance is authorized by the City’s authority under California Constitution, article XI, sections 5 (charter cities) and 7 (police power), and in conformity with California Senate Bill No. 54, codified in California Government Code Sections 7282 – 7284.10.
SECTION 2. MUNICIPAL CODE AMENDMENT. Chapter 2.30 of Article II of the Richmond Municipal Code , Administration and City Government, is hereby added to read as follows:
Section 2.30.010 — City Council Findings and Declarations
(a) The City of Richmond is home to people of diverse racial, ethnic, and national backgrounds, including a large immigrant population.
(b) Immigrants are valuable and essential members of the City of Richmond community.
(c) A relationship of trust between the City of Richmond’s immigrant community and the City of Richmond, its departments, programs, and personnel is central to the public safety of Richmond residents.
(d) This trust is threatened when state and local agencies are entangled with federal Immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes, seeking basic health services, or attending school, to the detriment of public safety and the well-being of all Californians, including Richmond residents.
(e) Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.
(f) There are legal concerns with leveraging the City of Richmond’s resources for federal immigration endeavors, including but not limited to the prospect of Richmond 76
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residents being detained in violation of the Fourth Amendment of the United States Constitution or targeted on the basis or race or ethnicity in violation of the Equal Protection Clause.
(g) This chapter seeks to ensure effective policing, to protect the safety, well-being, and constitutional rights of Richmond residents, and to direct the City’s limited resources to matters of greatest concern.
Section 2.30.020 – Definitions
For purposes of this chapter, the following words and phrases are defined as follows:
(a) "Administrative warrant" means a document issued by the federal agency charged with the enforcement of the Federal immigration law that is used as a non-criminal, civil warrant for immigration purposes.
(b) "Eligible for release from custody" means that the individual may be released from custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or dismissed.
(2) The individual has been acquitted of all criminal charges filed against him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a bond or has been released on his or her own recognizance.
(5) The individual has been referred to pre-trial diversion services.
(6) The individual is otherwise eligible for release under state or local law.
(c) "Citizenship or Immigration Status" shall mean all information or classification regarding citizenship of the United States or any other country, place of birth, the authority to reside in or otherwise be present in the United States, including visa status, and the time or manner of a person's entry into the United States.
(d) "Civil immigration detainer" means a non-mandatory request issued by an authorized federal immigration officer under Section 287.7 of Title 8 of the Code of Federal Regulations, to a local law enforcement official to maintain custody of an individual for a period not to exceed 48 hours and advise the authorized federal 77
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immigration officer prior to the release of that individual.
(e) "Convicted" means the state of having been proved guilty in a judicial proceeding, unless the convictions have been expunged or vacated pursuant to applicable law. The date that an individual is Convicted starts from the date of release.
(f) "Firearm" means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion as defined in Penal Code Section 16520.
(g) "Immigration Agent" means any federal, state, or local officer, employee, or person performing immigration enforcement functions including, but not limited to, agents employed by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection.
(h) "Immigration Enforcement" means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law against natural persons, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that pen alizes a natural person's presence in, entry, or reentry to, or employment in, the United States.
(i) "Law enforcement official" means any City Department or officer or employee of a City Department, authorized to enforce criminal statutes, regulations, or l ocal ordinances; operate jails or maintain custody of individuals in jails; and operate juvenile detention facilities or maintain custody of individuals in juvenile detention facilities.
(j) "Notification request" means a non-mandatory request issued by an authorized federal immigration officer to a local law enforcement official asking for notification to the authorized immigration officer of an individual's release from local custody prior to the release of an individual from local custody. Notification requests may also include informal requests for release information by the Federal agency charged with enforcement of the Federal immigration law.
(k) "Personal information" means any confidential, identifying information about an individual, including, but not limited to, home or work contact information, and family or emergency contact information.
Section 2.30.030 – Limitations on the Use of City Resources.
Unless required by federal or state law, no City resources, including, but not limited to, City person nel and City property, shall be utilized to assist in the enforcement of federal immigration law or to gather or disseminate information regarding release status of individuals or 78
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any other such personal information as defined in Section 2.030.20, unless such assistance is required by federal or state statute, regulation, or court decision. The limitations set forth in this Section shall include, but shall not be limited to:
(a) Inquiring into or collecting information about an individual’s Citizenship or Immigration Status, unless such information is necessary to provide a City service, including the provision of immigration and naturalization assistance, for election -related purposes or appointment to a City office or commission, or as required for purposes of City employment or the disbursement of City funds.
(b) Assisting or cooperating, in one’s official capacity, with any investigation, detention or arrest procedures, public or clandestine, conducted by the federal agency charged with enforcement of federal immigration law and relating to alleged violations of the civil provisions of the federal immigration law, except as permitted under this Chapter
2.30 and applicable state or federal law.
(c) Assisting or cooperating, in one’s official capacity, with any investigation, surveillance, or gathering of information conducted by foreign governments, except for cooperation related to an alleged violation of City, state, or federal criminal laws.
(d) Requesting information about, or disseminating information, in one's official capacity, regarding the release status of any individual, except as permitted under this Chapter 2.30, or conditioning the provision of services or benefits by the City upon immigration status, except as required by federal or state statute or regulation, City public assistance criteria, or applicable court decision.
(e) Providing any Immigration Agent access to any non-public areas of property owned or controlled by the City for the purpose of Immigration Enforcement.
Section 2.30.040 – Limitations on Law Enforcement Officials
(a) The City of Richmond’s Police Department, consistent with California Government Code section 7284.6(a), shall not:
(1) Use agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including any of the following:
(A) Inquiring into an individual’s immigration status.
(B) Detaining an individual on the basis of a hold request.
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(C) Providing information regarding a person’s release date or responding to requests for notification by providing release dates or other information unless that information is available to the public or is in response to a notification request from immigration agents in accordance with California Government Code Section 7282.5.
Responses are never required, but are permitted under this subdivision, provided that they do not violate any local law or policy.
(D) Making or intentionally participating in arrests based on civil immigration warrants.
(E) Assisting immigration agents in the activities described in Section 1357(a)(3) of Title 8 of the United States Code.
(F) Performing the functions of an immigration officer, whether pursuant to Section 1357(g) of Title 8 of the United States Code or any other law, regulation, or policy, whether formal or informal.
(2) Place Richmond police officers under the supervision of federal agencies or employ peace officers deputized as special federal officers or special federal deputies for purposes of immigration enforcement. All Richmond police officers remain subject to California law governing conduct of peace officers and the policies adopted by the City of Richmond.
(3) Use immigration agents as interpreters for law enforcement matters relating to individuals in agency or department custody.
(4) Transfer an individual to immigration agents unless authorized by a judicial warrant or judicial probable cause determination, or in accordance with California Government Code Section 7282.5.
(5) Provide office space exclusively dedicated for immigration agents for use within a Police Department facility.
(6) Contract with the federal government for use of Police Department facilities to house individuals as federal detainees, except pursua nt to Chapter 17.8 of the California Government Code (commencing with Section 7310).
(b) Notwithstanding the limitations in subsection (a), this section is not intended to prevent personnel or officers of the City of Richmond’s Police Department from taking actions consistent with or permitted by federal and state law, including, but not limited to, those actions enumerated within California Government Code Sections 7282.5 and 7284.6(b) 80
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(e), as amended.
Section 2.30.050 – Confidentiality and Protection of City Data.
Except as required by 8 U.S.C. § 1373 or other applicable federal or state law, no City personnel or law enforcement official shall provide access to any City data or information that can be used to determine or trace a person ’s Citizenship or Immigration Status to any Immigration Agent. In furtherance of this restriction, as of the effective date of this ordinance, City personnel shall not provide City data or information that can be used to determine or trace a person's Citizenship or Immigration Status to any City contractor unless the contractor first agrees in writing to prohibit the contractor's employees and subcontractors from providing that data or information to any Immigration Agent, to the extent permitted by law. All City employees shall treat information that can be used to distinguish or trace a person's Citizenship or Immigration Status, either on its own or when combined with other information, as confidential information, to the extent permitted by law.
Section 2.30.060 – Judicial Warrants and Presiding Law.
Nothing in this chapter shall prohibit or otherwise restrict the City or City personnel from complying with a valid warrant issued by a federal or state judge, or other order evidencing a judicial determination of probable cause, nor shall this chapter prohibit the City or its personnel from complying with state or federal law.
SECTION 3. CEQA FINDINGS. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project wit hin the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision sha ll not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or port ion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
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SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption under Chapter 2.30, Administration and City Government, Article II of the City of Richmond’s Municipal Code.
SECTION 6. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in the East Bay Times, a newspaper of general circulation printed, published, and circulated within the City.
SECTION 7. EFFECTIVE DATE. This ordinance shall be effective thirty days after passage and adoption.
*****************************
(This section to be completed by Clerk’s Office)
First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
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March 25, 2025
City Council
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Soheila Bana
Subject:
Proclamation for Reverend Dr. Curtis B. Flemming, Sr.
Pastor of Hillcrest Baptist Church
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
On Sunday, March 9, 2025, Hillcrest Baptist Church will officially install Rev. Dr. Curtis B. Flemming, Sr. as its new pastor, marking a new chapter of leadership,
renewal, and faith for the church and its congregation.
The Proclamation honors his official installation as the new Pastor of Hillcrest Baptist Church.
RECOMMENDED ACTION:
PROCLAMATION recognizing the official installation of
Reverend Dr. Curtis B. Flemming as the new Pastor of
Hillcrest Baptist Church on Sunday, March 9, 2025, while honoring the memory and legacy of previous Pastor
Theodore Henry "Ted" Goslen who led Hillcrest Baptist
Church with unwavering dedication and spiritual wisdom
for 21 years - Councilmember Bana (510-672-3490).
AGENDA
REPORT
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March 25, 2025
DISCUSSION:
Hillcrest Baptist Church, originally founded as First Southern Missionary Baptist Church on July 4, 1943, has served as a cornerstone of faith, service, and community in Richmond, California, for over eight decades.
For 21 years, Pastor Theodore Henry "Ted" Goslen led Hillcrest Baptist Church with unwavering dedication, spiritual wisdom, and a heart for both ministry and friendship, until his passing on October 16, 2022. Pastor Ted was not only a pastor but also a beloved friend to the congregation and the wider community, leaving behind a legacy of faith, love, and service that continues to inspire.
Since 2022, the members of Hillcrest Baptist Church have faithfully persevered without a permanent pastor, prayerfully seeking the right leader to continue their mission of preaching, teaching, and community outreach. After more than two years of searching, the church has found its next spiritual leader in Rev. Dr. Curtis B. Flemming, Sr., a third- generation pastor with over 15 years of experience, holding a Bachelor of Religious Education, Master of Divinity, Doctor of Advanced Pastoral Leadership, and Doctor of Ministry.
Rev. Dr. Flemming’s ministry is rooted in the belief that the church is not just a building but a place of preaching, teaching, love, service, comfort, and motivation, both within and beyond its walls, extending its mission to the broader Richmond community and his passion for helping the lost and those in spiritual need reflects his deep commitment to faith-based service and his vision for a strong, united congregation.
On Sunday, March 9, 2025, Hillcrest Baptist Church will officially install Rev. Dr. Curtis B. Flemming, Sr. as its new pastor, marking a new chapter of leadership, renewal, and faith for the church and its congregation. Congratulations to Rev. Dr. Curtis B.
Flemming, Sr. on his official installation as Pastor of Hillcrest Baptist Church, The City expresses its gratitude for the church’s continued dedication to the spiritual and communal well-being of Richmond residents.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
84 Proclamation Honoring the Installation of Reverend Dr. Curtis B.
Flemming, Sr. Pastor of Hillcrest Baptist Church
WHEREAS, Hillcrest Baptist Church, originally founded First Southern Missionary Baptist Church on July 4, 1943, has served as a cornerstone of faith, service, and community in Richmond, California, for over eight decades; and WHEREAS, for 21 years, Pastor Theodore Henry "Ted" Goslen led Hillcrest Baptist Church with unwavering dedication, spiritual wisdom, and a heart for both ministry and friendship, until his passing on October 16, 2022; and
WHEREAS, Pastor Ted was not only a pastor but also a beloved friend to the congregation and the wider community, leaving behind a legacy of faith, love, and service that continues to inspire; and
WHEREAS, since the members of Hillcrest Baptist Church have faithfully persevered without a permanent pastor, prayerfully seeking the right leader to continue their mission of preaching, teaching, and community outreach; and
WHEREAS, after more than two years of searching, the church has found its next spiritual leader in Rev erend Dr. Curtis B. Flemming, Sr., a third -generation pastor with over 15 years of experience, holding a Bachelor of Religious Education, Master of Divinity, Doctor of Advanced Pastoral Leadership, and Doctor of Ministry; and WHEREAS, Reverend Dr. Flemming’s ministry is rooted in the belief that the church is not just a building but a place of preaching, teaching, love, service, comfort, and motivation, both within and beyond its walls, extending its mission to the broader Richmond community; and
WHEREAS, his passion for helping those in spiritual need reflects his deep commitment to faith-based service and his vision for a strong, united congregation; and
85 WHEREAS, on Sunday, March 9, 2025, Hillcrest Baptist Church will officially install Reverend. Dr. Curtis B. Flemming, Sr. as its new pastor, marking a new chapter of leadership, renewal, and faith for the church and its congregation.
NOW, THEREFORE BE IT RESOLVED, the City of Richmond extends its heartfelt congratulations to Reverend Dr. Curtis B. Flemming, Sr. on his official installation as Pastor of Hillcrest Baptist Church, while also honoring the memory and legacy of Pastor Ted Goslen, whose dedicated service enriched the lives of so many. The city expresses its gratitude for the church’s continued dedication to the spiritual and communal well- being of Richmond residents.
_________________________ _________________________ Mayor Eduardo Martinez Council Member Soheila Bana City of Richmond District 4 March 25, 2025
_________________________
Vice-Mayor Cesar Zepeda
District 2
86
March 25, 2025
City Council
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Soheila Bana
Subject:
Proclamation to Celebrate Nowrūz (Norooz)
FINANCIAL IMPACT: The City has already allocated $3,000 to this public cultural activity.
PREVIOUS COUNCIL
ACTION:
October 1, 2024
March 4, 2025
STATEMENT OF THE
ISSUE:
Proclamation to Celebrate Nowrūz (Norooz).
RECOMMENDED ACTION:
PROCLAMATION recognizing the celebration Nowrūz as
a community-building and peace-promoting event in
Richmond and the City’s first annual Nowrūz Spring
Equinox Celebration on Saturday, March 22, 2025, from
11:00 a.m. to 5:00 p.m. at Marina Bay Park -
Councilmember Soheila Bana (510-672-3490).
AGENDA
REPORT
87
March 25, 2025
DISCUSSION:
Nowrūz (pronounced Norooz) originated in ancient Persia more than 3,000 years ago and marks the traditional Persian New Year, beginning with the Spring Equinox, symbolizing renewal, unity, and hope for a brighter future.
Nowrūz is derived from two Persian words: "now" meaning new and "ruz" meaning day—together signifying a "new day"—which is celebrated at the exact moment of the astronomical Northward vernal equinox, occurring this year on Thursday, March 20, 2025, at 2:01 AM PST.
Nowrūz is celebrated by over 300 million people worldwide, including Iranians, Afghans, Kurds, Tajiks, Uzbeks, Azerbaijanis, and many others in West, Central, and South Asia, highlighting a rich cultural tradition that fosters peace, inclusivity, and cross-cultural understanding.
Nowrūz traditions strengthen relationships, rekindle friendships, resolve past conflicts, and promote community engagement and resilience by bringing together people of all backgrounds in a spirit of forgiveness, generosity, and unity.
The celebration begins with Chahrshanbeh-Soori (Fire Wednesday) on the eve of the last Wednesday of the year, where families and neighbors come together to jump over bonfires, symbolizing the purification of the past and the renewal of energy for the year ahead.
The Haft-Sin table serves as a central symbol of Nowrūz, showcasing seven meaningful items that represent health, prosperity, love, patience, and renewal, often accompanied by sacred or literary texts such as the Khordeh Avesta, Quran, Bible, Torah, Kitáb-i- Aqdas, Shahnameh, or poetry of Hafez, reinforcing the deep spiritual and literary heritage of the occasion.
Nowrūz is a time of reconciliation and unity, where families, neighbors, and friends visit each other (“دید وبازدیدto restore relationships, share joy, and pass gifts to the younger generation, fostering a spirit of generosity and harmony.
Nowrūz is an ancient celebration marking the Spring Equinox and has been recognized by the United Nations General Assembly as an International Day of Nowrūz since 2010.
It is a time of renewal, reconciliation, and unity, promoting cultural exchange and mutual understanding among diverse communities.
The 13-day celebration concludes with Sizdeh Bedar, a community-wide outdoor gathering in parks and natural spaces, where people celebrate nature, music, dance, and shared meals, reinforcing the importance of environmental stewardship, well-being, and social bonding.
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March 25, 2025
Nowrūz has been recognized by the United Nations General Assembly since 2010 as an International Day of Nowrūz, acknowledging its role in promoting peace, cultural exchange, and mutual respect among diverse communities.
A public Nowrūz celebration enhances community resilience by providing an opportunity for neighbors to gather in person, strengthen personal and cultural connections, and build an inclusive, supportive network.
Celebrating Nowrūz in Richmond creates a welcoming space for diverse cultural expressions by offering a dedicated platform for artists, musicians, dancers, storytellers, and community groups to share their ancestral traditions and creative contributions, fostering warm, meaningful interactions that strengthen the social fabric of the city.
In addition to the City of Richmond, several businesses and Local firefighters 188 have generously sponsored this event, demonstrating their commitment to fostering cultural appreciation, social cohesion, and economic vitality within the community
Nowrūz celebrations play a crucial role in promoting peace, unity, and intercultural dialogue, encouraging understanding and cooperation among different cultural and ethnic groups.
The City of Richmond proudly sponsored its first annual Nowrūz Spring Equinox Celebration on Saturday, March 22, 2025, from 11 AM to 5 PM at Marina Bay Park, featuring music, dance, storytelling, and food to offer a rich cultural experience for all residents.
The City of Richmond reaffirms its commitment to promoting community resilience, intercultural understanding, and inclusive celebrations that bring people together, strengthen social ties, and contribute to a more peaceful, connected, and vibrant community.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation
89 Proclamation To Celebrate Nowruz As A Community-Building and Peace-Promoting Event
WHEREAS, Nowrūz (pronounced Norooz) originated in ancient Persia more than 3,000 years ago and marks the traditional Persian New Year, beginning with the Spring Equinox, symbolizing renewal, unity, and hope for a brighter future; and
WHEREAS, Nowrūz is derived from two Persian words: "now" meaning new and "ruz" meaning day—together signifying a "new day" —which is celebrated at the exact moment of the astronomical Northward vernal equinox, occurring this year on Thursday, March 20, 2025, at 2:01 AM PST; and
WHEREAS, Nowrūz is celebrated by over 300 million people worldwide , including Iranians, Afghans, Kurds, Tajiks, Uzbeks, Azerbaijanis, and many others in West, Central, and South Asia, highlighting a rich cultural tradition that fosters peace, inclusivity, and cross-cultural understanding; and
WHEREAS, Nowrūz traditions strengthen relationships, rekindle friendships, resolve past conflicts, and promote community engagement and resilience by bringing together people of all backgrounds in a spirit of forgiveness, generosity, and unity; and WHEREAS, the celebration begins with Chahrshanbeh-Soori (Fire Wednesday) on the eve of the last Wednesday of the year, where families and neighbors come together to jump over bonfires , symbolizing the purification of the past and the renewal of energy for the year ahead; and WHEREAS, the Haft-Sin table serves as a central symbol of Nowrūz, showcasing seven meaningful items that represent health, prosperity, love, patience, and renewal, often accompanied by sacred or literary texts such as the Khordeh Avesta, Quran, Bible, Torah, Kitáb -i-Aqdas, Shahnameh, or poetry of Hafez, reinforcing the deep spiritual and literary heritage of the occasion; and
WHEREAS, Nowrūz is a time of reconciliation and unity, where families, neighbors, and friends visit each other ( “دﯾﺪ و ﺑﺎزدﯾﺪ
to restore relationships, share joy, and pass gifts to the younger generation, fostering a spirit of generosity and harmony; and
90 WHEREAS, the 13-day celebration concludes with Sizdeh Bedar, a community-wide outdoor gathering in parks and natural spaces, where people celebrate nature, music, dance, and shared meals, reinforcing the importance of environmental stewardship, well-being, and social bonding; and
WHEREAS, Nowrūz has been recognized by the United Nations General Assembly since 2010 as an International Day of Nowrūz , acknowledging its role in promoting peace, cultural exchange, and mutual respect among diverse communities; and WHEREAS, a public Nowrūz celebration enhances community resilience by providing an opportunity for neighbors to gather in person, strengthen personal and cultural connections, and build an inclusive, supportive network; and
WHEREAS, celebrating Nowrūz in Richmond creates a welcoming space for diverse cultural expressions by offering a dedicated platform for artists, musicians, dancers, storytellers, and community groups to share their ancestral traditions and creative contributions, fostering warm, meaningful interactions that strengthen the social fabric of the city; and WHEREAS, in addition to the City of Richmond, several businesses and Local firefighters 188 have generously sponsored this event, demonstrating their commitment to fostering cultural appreciation, social cohesion, and economic vitality within the community; and WHEREAS, Nowrūz celebrations play a crucial role in promoting peace, unity, and intercultural dialogue, encouraging understanding and cooperation among different cultural and ethnic groups.
NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, hereby proclaim the recognition of Iranians, Afghans, Kurds, Tajiks, Uzbeks, Azerbaijanis, and other Nowrūz- celebrating communities throughout California that honors this ancient tradition as a bridge of peace, friendship, and unity.
BE IT FURTHER RESOLVED, that the City of Richmond proudly sponsors its first annual Nowrūz Spring Equinox Celebration on Saturday, March 22, 2025, from 11 AM to 5 PM at Marina Bay Park, featuring music, dance, storytelling, and food to offer a rich cultural experience for all residents.
BE IT FINALLY RESOLVED , that the City of Richmond reaffirms its commitment to promoting community resilience, intercultural understanding, and inclusive celebrations that bring people together, strengthen social ties, and contribute to a more peaceful, connected, and vibrant community.
91
March 25, 2025
Community Development
DATE: March 25, 2025
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager
Subject:
Grant Agreement with Contra Costa Interfaith
Transitional Housing, Inc. (dba Hope Solutions)
FINANCIAL IMPACT: The funding for this 1-year grant agreement is $300,000.
The grant amount is included in the Fiscal Year 2024-25 General Fund budget allocation (account string
15061219-400201-RI160).
PREVIOUS COUNCIL
ACTION:
September 12, 2023
November 26, 2024
January 7, 2025
STATEMENT OF THE
ISSUE:
Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) is seeking City assistance for capital and supportive services for the Tiny House Village Farm and Garden project for youth ages 18 to 24, who were
formerly unhoused.
RECOMMENDED ACTION:
APPROVE a grant services agreement in an amount not
to exceed $300,000 with Contra Costa Interfaith
Transitional Housing, Inc. (dba Hope Solutions) to
provide development and supportive services for the
Richmond Tiny House Village Farm and Garden Project
at 175 23rd Street for a term expiring December 31,
2025– Community Development (Lina Velasco/Jesus
Morales, 510-620-6649).
AGENDA
REPORT
92
March 25, 2025
DISCUSSION:
The Richmond Tiny House Village Farm and Garden project is a collaboration between local community organizations creating Richmond’s first Tiny House Village.
The City Council requested staff complete a Richmond Police Activities League (RPAL) lease amendment on September 12, 2023, to allow this village to be built at 175 23rd Street. This lease amendment allows for the construction of a Tiny House Village with seven (7) tiny houses at the site to be inhabited by six (6) Richmond unhoused youth and one unit for a resident manager, subject to the terms of the lease amendment.
On October 2, 2024, Richmond Police Activities League, a California public benefit corporation (RPAL) entered into a sub-lease agreement with Tiny Village Spirit to create and operate a Tiny House Village and related structures necessary to operate the Village upon a portion of the property to house and serve homeless youth as described in the First Amendment to the Lease (Attachment 2).
On October 3, 2024, Tiny Village Spirit (TVS), a California public benefit corporation (RPAL) entered into the Richmond Tiny House Village Supportive Services Agreement with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) to provide property management and supportive services to the residents of the project (Attachment 4).
On October 4, 2024, the Richmond Police Activities League (RPAL), Tiny Village Spirit (TVS), Hope Solutions, and Safe Organized Spaces-Richmond (SOS) entered a Memorandum of Understanding (MOU) to construct, provide property management, and supportive services to the residents of the Tiny House Village Project (Attachment 3).
On January 7, 2025, City Council approved a request to grant $300,000 to assist with remaining capital and operating costs for the Tiny House Village and directed staff to prepare a contract and any other necessary agreements in support of the project funding. The $103,000 portion of the funds will be used for the payment of the three-unit restroom trailer and deck materials and the final yurt payment. All payments from the City to Hope Solutions for the Tiny Villages will be on a reimbursement basis.
Expense Amount Narrative City Payment Disbursement
$103,000 Three (3) Unit Restroom Trailer
Restroom Trailer Deck
Final Payment for Yurt
Reimbursement
$197,000 Operating Cost Reimbursement
$300,000 Total
Total development costs are estimated at $978,912. Therefore, TVS will be responsible for raising approximately $875,000 to cover the estimated development costs. To date TVS has commitments of approximately $388,000 in funding, which includes $103,000 from the proposed City grant. TVS will therefore need commitments for an additional 93
March 25, 2025
$592,000 for project completion. TVS is leading the fundraising effort and expects to have all funding, whether in cash, donated materials, and/or labor to complete the project.
The development of this Tiny House Village has been moving forward with support from the City Council, City staff, and various volunteers throughout the community. The village is adjacent to what will become the RPAL Farm and Garden project. The program participants, ages 18-24, who will be living in the village will be identified through the County’s Coordinated Entry System and will be provided safe shelter.
Another six (6) tiny houses are planned to be constructed in the future as funding is obtained to expand.
SYNERGISTIC POLICIES:
Development of the Tiny House Village is in alignment with the City of Richmond Homeless Strategic Plan, adopted by the City Council on May 23, 2023. Goal 2: Create temporary supportive housing (such as transitional villages and safe parking sites) and expand and sustain permanent supportive and affordable long-term housing. Short - Term Action Step 2.3 Identify vacant or underutilized properties to create permanent supportive housing or develop other affordable housing for extremely low-income households. The Tiny House Village is a creative project that will provide housing for homeless youth and provide supportive services on an underutilized site.
CONCLUSION:
Community Development staff recommend that the City Council approve the Grant Services Agreement with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) for a not to exceed grant amount of $300,000 to provide capital and supportive services for the Richmond Tiny House Village Farm and Garden project at 175 23rd Street for a term extending through December 31, 2025 (Attachment 4).
DOCUMENTS ATTACHED:
Attachment 1 – Signed Sublease Agreement by and between Richmond Police Activities League (RPAL) and Tiny Village Spirit (TVS)
Organized Spaces-Richmond (SOS)
Attachment 2 – Richmond Tiny House Village Supportive Services Agreement by and between TVS and Hope Solutions formerly Contra Costa Interfaith Transitional Housing, Inc.
Attachment 3 – Memorandum of Understanding (MOU) between the Richmond Police Activities League (RPAL), Tiny Village Spirit (TVS), Hope Solutions, and Safe Attachment 4 – Grant Services Agreement with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions)
94 SUB-UEASE AGREEMENT i
This Sub-Lease Agreement C'Agreement") is efifectiye as oft0^j6o24 ("ConunBttcemcnt Date'*), by and betweea the RichnaonA Police AetivitiesXeague, a California public benefit ooiponrtion ("RPAL") and Tiny Village Spirit a California public benefit coQ»oration(<TVSM).
RECITALS j
This Agreemerit is made With respect to fhe foltowittg facts; A. RPAL leases that ceftein real pfopetty w file City of Richmond, County of Coatea Costa, State ofCalifomia located on die soiuth side ofBisseIl Avenue between 2Zn<i and 23rd Strcete (a triangular nsmaiuder of APNs$14-620"001 QxKm^a. 514-020-015) fhgt is desscribedmore particularly in ExhibitA (Ae "PjCoperty") ftom the Gify oJTRichmond ("City*') ^ui'suaut to an Agreement to Lcase^dated March 8, 2022 ("2022 Lease") as amended by the Pust Anaendmenfc fo the Lease dated 7^/^023 (WFirBtAniehdmettf) (collectively (he l<£ease") acopyofwhtCh is; attached tis JExhibtt B And is hereby mcoiporated by refereace.
B. ' TVS seeiks to cfesOe and operate A THny House Vtltagte and t6lated stwotores tietiessaty td operate the Village upon a pottiott of the Property to house and sesve Homeless youth as described in the Pust Amendment to ihe ILease. TAe pjcoject shall mphute co;ft8ii'uc(ion and operation of seven (7) tiny houses and stated stiuciures (<Tmy Homes") on the Property, and with City's priiw ^riftea consean^ aaQfhersix (JS) Tiny BSomes. T&o TmyBomes shall be riiado available at affordable tent to unhoused yotitfi age 18-24 and one onsite Resident Manager (itie "Project").
AGREEMEPWS
In<^nsideratioaof&efoj?going,which are incorpofated hereinisy reference, the mutual covenants and uodertakings described hereia^ aad for other good and valuable consideration, the receipt and sufficiency of which is hejreby acknowledged) RJPAL and TVS agree as follows:
I* Premisea. The Pjtwtoises consists ofAeportton ofth& real properiy leased by RPAL ; shown on Ac map attached hereto and incorporated, hecein as Exhibit C. 2* Lease. REAL hereby subleases to TVS and TVS agrees to sitblease froni REAL (he ; Premises. •
3. TRBrm. Unless earlier terauhated in accordance with the tei"msAereof> fae "Term" ofthisi Agreement shall commeaoe on As Commencement Date and shaB coatiaue until for a period of twelve (12) months fiuttUhc date Tiny Homes are instaUedzqpon tiiePrpnaistes pursiiattt to City pemrits (tfa& "Expiration Date").
4. Use of Premises. TVS and TVS's cbAteactors, operators, agents, and iavitees shall oowpy and use (he Pretnlses exclusively for the putpose of the Pmject TVS shall not allow any activities that are illegal or (hat constitute a ttuisance vpon (he Pj-oject Areft. TVS shall not permit residential occupancy of any sttuctuu-e until said structure receives a iinal Certificate of Sub-Leasc Agreement Page1 of 8
95 Occupancy from the Cily. TVS shall not allow any activities fhat increase the existing fate of insurance on the Prcttiiseg, or canise the cancellation of any insurance on the Premises. TVS shaU not commit or allow to be conunitted any waste upon tfae Premises.
Any conshuction upon the Pfeaises shall be oialy as depicted in the plans and specifications in Exhibit D aftd only as approved and permitted by all applicable govemtnent agencies. TVS shall only enter into iconttacts with liceftsed entities for any construction activity that ffiquires a license. All work perfonned in telation to Ac Project by TVS, any entity conttacted by TVS or any of their volunteers, agents, tepresentatives, or contractora $haU comply with alt nelevant federal, sitaite and local laws, rules, reguNiooai and standards, {tohing afid byiMing codes, ordinances, operatiog.certificates for faciKties, pr licenses for aft activity, Upon connpfotion of construction and throughout tfie term offhesub-lease, TVS shall contract with Hope Solutious (oraBofherprofessi6a^t;propepfy maaagemcnt«ttd homeless suppairtive servipes provider hired by TVS, subject to approved by RPAL attd the City) to mauag& the PfogramArea and tfae Pj-ogram participants. TVS shall only cater iafo fcdatracts with licensed entities for any activity that requirfcs alicense,
5. Constdcratfon. TVS "agreesto pay RPAL, by the first (1st) day of each moalh reat of $1,00 in consideration of sublease ofthoPxenrises.
6. Business Tax Certificate amd Exempt Statuai. Prior to the Effective Dale, TVS shall obtaitt and jptovidejpioof of a ciu'i'ent and valid^ business tax certificate in ttiB natne of TVS frotti; City. This certtficatejnust Ksmain cutrentand vfllid during tfae Tettti» and TVS sh!?ll provide evidence of its oo3tnpliaho(?^ith this rec^Jtementup.onrequcslofJRPAL.
TVS tepreseints an4 watrante Chat it is a public Tbeaefit corporation, duly brgamzeii and existing 1 xinder the }aws of ithe State 6fCaItfbnu8 ainrf recogtuzedby the Internal tleveuue Service4s & tax-exeinpt oi-ganiSiiarion uadBr Section 50l(c)(3) of th® 3fatetoalRe^eiBi»e Code. TVS agrees to exclusively for charitable purposes.
7. UtUtti^a. TVS shall be respoosibJfc for paying for aU utilities leqnirecl by TVS including but not lunited to; eleotricity, gas» water, garbage and telephone. BPAL shall not be tespoosiblo for providing any utililicis to or on the PjFeifttStiS And shall not be liable for any loss, iajmy or damage to person or property caused by or resulting from any variatibn, inferruption, or feilure of utilities due to any cause whatsoever exceptto the extent due to the inteBttO)Eial misconduct or gross negligence ofKPAL, TVS wnU procwre, or fcaufie to be pFpciued, without cost to RPAL, all necessary perouts^ licenses or other authoriaattons rticiuir^ for tfae lawfal and proper installatiou,' mamtenanoe, neplacemettf, attd removal on py ftom (he ftmises ofutiliiliBS, wires, pipes, coaduits> tubes, and other equijpinerit and appliances fer uste m supplyjmg all utiUfies or services to fhe Prfimises. KPAL, upiwi request ofTVS>andatthe sole expense and Uabitity ofWS» shaU join with TVS in any isasofidble applications yeqaited for obtaining oi* continuing such ud,lities or seroces.
8. Condition and Acceptance of the Premitea. TVS warrants that it has inspected the Proiaisies and accepts the Pieniises as Of tfae Commencement Date in its <cas is" condition and i subject to (a) all applicable zoning, ittnmcipal, and county laws, ordinances, and regulations goveroing and regulating the use of the Premises and. Ae Permitted Use, (tn) aay covenauts or .
Sub-Lease Agreement Page 2 of 8
I
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96 restrictions of record ot off record, and (c) subject to ati matters disclosed in this Agreement and any exhibits attached hertto, if any. TVS sbail be responsible forpcrfbrmihg anywork necessary to bring fete Pnaniees into a cosniijition. satfefaotory to TVS. TVS escptessly acknowledg?ss and undetstaads that the Premiseis are not designed for the Peimitted Use. TVS adknowledges that RPALhas made no representatjion or warratity^ express or impUed, and, to the maximum extent pennitted bylaw, waives andi*eleasesBPALaadits ^fectors, ofTiGe^, etoployees, attomeys,.and agents (collectively, the <eRPAL Parties") ftom any and alt Kabiltty to TVS, its ofites, directore, | employee agents and umfa^ (coUecth^ ^'TV^ Partf^*^ &r aiiy | or liability for damages. Whether for loss of or dauago to projperty or injur;' to oi- deatli of persons, and whether or not lcnowtt or suspected, which m^y arise aut of use of or acwss to the' Pmoises by TVS or any of the TVS Parties, and whether or not caused by or arisiag out of the act or omission ofRPAL or any of the RPAL Parfieg, which waiver and release sliall snfnw the:
expiration or earlier tennimation of this Agreemait. '' .
9. Hazardous Materials. TVS shall not cause or allow the transport onto, use, storage, diespositi release, Iiandtmg, or dispoisal of(coUcCtitVely, "JReleas&^ atty Hazardous Materials . (defi&ed below) on or aboutfhe Pj-ctnises or the Property, excefit for cottunerciaUy reasoftable amounts of such materials customarily used in the couise of maintenance or operation of the :
Pfemise?, so,l6ttgas siudi useis jn CQmplun&ewttiallEavlronmentgI Laws (defined below). ; <tHazftrdk>us Materials" means finy Substance Aat is toxie, explosive, corn»ive, flantmabte, radioactive, carcinogenic, dangerous, or otherwise hazardous, including gasoline, diesel fuel, petroleum lydtDcarbons, pi&IycllloriDated bipheayte (PCSs), asb<stos, radon, and lureg fonnaldehyde foam iasulatioft* "EnviBonmental Lays" means aU fedoni!, state, tocat, or . muoicipal laws, mlcs, oxdera, negulatiions, stetotes, ordinatfces, co4es, <^ca-ees, drtequjireihBhts of any govct'atiieatauyiorilyiegulBtita&ieIatittg fo, Of imposing Itabiltty or standards of conduct concerningany Hazardous Mitterials, oikjpcrtemi&gfo ocoupationalhealtti oHndystrialliygiene (and only to the extent that the oficup&tional health, or industrial hygiene laws, ordinaoces, or regulations felate to Hazardous Materialis on, uncter, or aboiiit'Qn? Property), occupational or environmcatal condtttotis on, vttdcr» or gboai &e Property, tts now or may at any latef tiew be in:
effect. If TVS or any ojfthe TVS Patiiea contaminates (Ke Premises or fhe Pcoperty duriog the Ibrm, andsuch cbatemm9<aoniequuces mitigation, remedla^ofi, <>r(«iBiovatuttderfedBiral, stete or local law, TVS shall pfomptiy uttdprtake all necessary actions to remove the contanunatuig material or substance fiboin'the Preauses auid/or {he Property afcitto cos( to RPAL and in compliance wifh all appKcaMe law, provisions of this Agreemcht, and as du'ected by REAL. If TVS feils to comply after twcnty-four (24) houys* written notic& ftom ItPAL, KPAL stiall have the option (but not &e obltgatiion) to complete the work requireid to remove the Hazardous Materials at WS's cost, whicli cost shaU be doe J&omWS upon dettiiBnd frotti RPAL. If within flhiirty (?0) days of (he coratoencement of the Teifm, TVS or RPAJE, discovers (hat Hazardous Materials are located ott the Premises in violation ofEnvirotimental Laws attd which Were not Released by TV& os any of the TVS Parties, flhten RPAL and TVS shgll each have the right to' ; termihate this Agreement ufion ten (10) days' written notice to the othefi which shall be no later than five (5) days after the discovery of such Hazardous Materials.
10. Maintenance and Repaint, RPAL shall lisve no obligation to maintaitt or repay the Premises. Except for anyttaiatcanance or repairs Bfe&ulfing fcoBBt misuse byorgrossaegKgenceqf RPAt, TVS shall* at its own cost aiudl expense, keep and mamtein alt portions of the Premises and all improvements located on the Tremiseg in good order iind re^ir, consistent wi& the Pemdttled Use, and in as safe and clean a condition as they MW? when received j6om RPAL, reasonable wear and tear exccspted. TVS shall be responsible for the maintenance and repair of any and all of TVS Improvements to the Premises, If such maintenance is riot provided, and tf Sufc-Lease Agreement Page 3 of 8
97 the condition contiaues for jmorc than ten (10) days after receiving written notice .from BJPAL, TVS may be in default, and SPAL toay be entitled fo exercise all rights and remedies under this Agreement
11. Right to Inspect Premises. Except in the eveftt of an eme%ency, RPAI, shall provide twenty-four (24) hows' advance notite to the TVS before entering JPtemjEsos to inspect, install, consteuct, repair or maintain any part of file Frenusesi. ta the evettt of any emetgency, JRPAL shall not be required to provide any advance notice. JKPAL reserves the right to enter the Pretniises with proper notice to inspect tfae TPremises aad to Aake any repaii-s &at it may coosider necessaty to thepreservatiott of the Premises. If any ofttiosc repairs should have beenittade by TVS, TVS shall reimburse RPAL fot the cost of such irejpaiits withiti thirty (30) days JB-om the RPAL's request for reitnbursemenfcRPAL shall provide dbcumeafation ofrcpaiis. Hoiyever, such tepairs by City shall not be construed as a waiver of REAL'S rijght to require TVS to keep the Premises ; in nspair as requiired 1^ thisAgreenient.
12. Legal Requirements. TVS and all of the TVS Parties sfiall comply with allapplicable laws, statyteS, ordifianccs, zooing nestriclioos, govpftBneateI rubs or regulations, covenatfts find restrictions ofisdord, orfeqoirements ofdulycohstthitedpub]ic aujflictfitiesnow iu force or which may hereafter Iseia force witfi respect to the Premises and TVS's tise thereof (ttLaw($)").; TVS shall not use the Pimdses or pentut anything to be done ati or sbont the Pifemises that wiU in any way conflict with any txma. TVS shaU (a) obtain all re^ured pemdts and approvals for ; TISO of fine Preouses (coUecUvely, WGovernmcntalA^rovals"), (b) inaifltain all wsyw^d I GpvemmeritalApprpVials throughout the Terai, and (c) c<»ttiplywifttherequttements of such GovcimiherttalAyjprovafetluoug^outAeTerm. i
13. TVS^ Ihdeimntty, Expert to the wdwtofCieaxtis (as^ dcftaed below) arisiag ftom the gros&neglijgcnce or intentional mi&conduoiaffiPAI.., TVS agrees to protect dcifoad (with counsel acceptobjte to REAL), indemaify, s&ve, wni4ihold RPALatjd all aflhelKPALFarttes 1 harmless from any third party actions, liability, clauns, tosses, expenses (including reasonable attonasys' fees aftd coste), of liability (coUectively called "Claims") resulting finom use and occupancy oftheFrefloises by TVS an4/or any ofth&Tys Parties, ityslttding but not lunited to any Claims by aft iavitee or stxb-licensee i'egatding ofaimed teoattcy on flie Pretnises arising &om the Pennitted Use. TVS agrees that TVS has an unme<liate attd independent obligation to defend RPAL arid all of (he RPAL Parties fi^m any Claims when sucfa a Claim is tendered to TVS and shall continue titiereaftcr until the Claim, is u»Solved to the satisfactioh ofRPAL. TVS's obligations shall survive the expiration or soonejj* {etraiQafipn of this Agreement,
14. Insurance. TVS shall obtain and keep ia force general commercial UaWtty iasurarice covering all oftVS's activities at the Prtemises duriog all periods that this Agreement is in effecf. iSajid insynmce sllall haw all chatacteristic d^cfibed jui Exhibit B to the t^ase. WS shaU» ptioy to the Commencement Date^ deliver to RPAL certified copies of policies of such insurance or ' certificates With. copies ofifae KEsquired endorsements evidenciug the existeocc and amounts of ; the required insurance. No such poUcy shall be cancelable or subjecttQ mcxiification except afiter 30 days prior Written notice ioRPAL. All cooteaetoi's retained by TVS to constnict tiny housess, | if any, shall be reguifed to purchase itusurance (egiu-duig t-heir Qperatilons haying all characteristtc j described in Exlubit B to the Lease, with TVS named as an additicnuiily insured. TVS aad its contraotorai if any, shall obtaito all tequired workecs ciompeft$atton insuirahce as well as comprehensive cotistmction liability insurance prior to conducting any constCTiction activities at; \ the Pjremises. j
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Sub-Lease Agreement Page 4 of 8
98 IS. Liens. TVS is not authorized to subject the Promises to any liens <ss olahns of lien; TVS; shall keep file Premises free from any liens o-eated by or through TVS. TVS shall mdemnify and hold REAL and City liatuiless Scorn liability for any such liens including, without limitation, Iteus arising iTom any TVS Jmjprovemeats. If a lien is filed agaifist die Premises by any peisou claiming by, through or under TVS, TVS shall» within 10 days after RPAL's demand, atTVS's expense, either remove the Heo or faftiish to RPAE, a bond in form. and amount and issued by a surety satisfacfory to RPAL, mdeffttuiying RPAL and the Premises against all liabilities, costs and expenses, including fittQr&eys' fees, which RPAL could tteasonably incur as a resailt ofsuoh lien.
16. Subordination and Attornment. This Agreement shall, upoft execution by TVS, be deemed subordinate to any lease, ground leaefe, mortgage, deed of trust or any other hypothecation or other securiHy (ooUiBetayely, "Sfccurity fiistrument") now or hereafter placed upon the Pycsnuscs and to any and all advaoees made on a Security Instrumettte and to all renewala, modifications, consolidations, replacements and extensions thereof. This Agreement subsequent to the date of fee Secority IttBtftuaent or tlio date ofyecotidling thBteof, In the event of any fpr&cldsyre,transfer l»y de&d 10 lieu or Gomparable ptocess With.tespect to fte Premises, TVS shall attom to such ttatisf^rce. NotWithstaadiag suchsuhordination, TVS's right to quiet shall petfojrttt alloftltepi'oyjsionsofthiisAgraBment.
17. Assignment and Subletting, TVS shaU ttot assigfit, sublei, mortgage, enisumber br I otherwise transfer any interest io this Ageeemettt of any part offheJPRsnuses ("Transfisr"), without first obtaining apssfov&l from RFAL> provided, howevei, thatT^S ittiay sub-licease fee residential portion of titty Iwases located wUbiia the Pisemiscs to TVS progtam participants without RI*AL*s consent. No iQeftasjGsr shall relievte TVS.ofaay liability uadcr this AgreiethcN:
notwithstandiag EPAL's consent to such Tiansfer. Consettt to any fttoMfw shall not operate as a waived of Ae n&^ssity for WPAL'sconseatfo any subsequeiitTBraiM
18. Swfcnder. Upon t&eexpiratiortorpttQfterwfaatfonoflhe Tci'nij TVS shall quitand surrendorpossessicm oftheP;remises to RPAL in as good order and condition as when TVS took poasesslon, reasonable v/eat excite!;!. Upon such expimtipa OK tertninatiotti TVS stoll» wifhout expense to RPAL, cause to be removed from the jpj-emfses (Q all d6bris and mbbish, (ii) all person?! property owned by TVS or mstalled or placed by TVS on the Premises, (iii) such similar articles of any other petsotts clainung under TVS (incluidiag iuvitees or sub-liGeosees), and (iv) such TVS Xmprovements, w KPAL may, in its wle dusioretibn, lequire to be jeempved by TVS, TVS shall repair at its cost and own Kicpeases all damage to tfae Premiiscs rcssultuig fi-otaa such removal. No act pr thifig done by RPAL or any ageAt, contractor 01' employee ofRPAL during the Term shell be deemed to cottstihite au acceptancie by RPAL of a surrender of the Ptemises unless^uch intent is specifically ackn6^1<?dged itt writing l»y RPAL. If TVS faUs to resfora tfae Premises to R?AI/s reasonable satts&cti&n after^veaty-four (24) hours* written notice fi-oai RML, RPAL shall hayo the Optton (but not the obligation) to complete t&e work required to festaffi tfae Prenuses to ife origiual condition (but including any TVS Improvements RPAL agreed may remain), at TVS's cost, which cost shall be due by TVS upya demand •iB'om:
RPAL. tfTVS fails to remove any peraonat pmperiy of TVS or invitew or sub-Ucetise^i, JEIPAL may, at its option, remove and stofe ttue property at the sole cost and expenso ofTWS (payable upon demand^ and at the sole risk of TVS arid without fiirther fesponsdbility on fh6 part of RPAL, RPAL may sell or dn^}os& of the same in ac6ordance with RPAUs storgge of property Sub-Lease Agfeemeut Page 5 of 8
99 policies Attd all due process. WS heareby waives all olaims for damages that may be caused by RPALfe-eritering and taking pQSsession of the Ptemises and removnng or disposing of said goods and JHxtupes as hefein provided.
19. TenaiuattoM Due fo Default, RPAL shall notify TVS in writing of a default by TVS under this Agreement, mfcluduig a nasonably detailed description of the default. In. the event of default, TVS stoll have (i) ten (10) busiiusss days fi-om (He date of RPAUs written notice to cure any monetary default described itt sucli notice, and/or (ii) thjirty (30) days fi-om the date of RPAL's written notice to cure attyfton-ttiohctaiy default described in such notice, provided, however, that if the nature of de&ult would require morfc than fhiriy (30) days, then. the breaching jiarty shaU have sucli reasonalile time as may bes necessary (not to exceed niuety (90) days) to cure the default, so long as said has commenced such cure wlthm the initial 30-day period and contiuyefi in good faiA to proseoute (he same to completion. ICTVS fails to cure (he default within (he period described above to the satisftction offiiML, RPAL shall have the option, itt its sole and absolute discretion, to tmmnate this Agreement. jlfTVS bireaches or fails to perform any of its obligations under fhisAgteeinent, and Ifte notice aod tipportuaily to cure has bcea given fe> TVS a8 provided above, RPAL may, but shall be uoder Duo obligation to, oure TVS's breach. Prior to eiGFectiug sufch cute, RPAL shell give TVS written notiw of ifa fatent to cure. Any amount expended by WAL, along with flie maxumtttl legal tafe ofjuterest riot to exceed teii (10) psixoerstpvsr awttujm, shall fee rettnbursable by TVS to RJRAL, immediately upon requcstby RPAL. Dcifaults under tbisAgreement include, hut are not fimited to, the JE'oIlowing:
(a) JPailm-B topayanyjnonetaty c<iinsideratioft whcttdueimdetthis Agrcemeat. (b) Failure to use the Ptemises in accordance with this Agreement or use of the Premises far putppses not specified in this Agreement,
(c) Failure to ixwNaitt and jkecp the "Premises in good fepau' as d%cribed ill this Agreement
(d) yailure to comply with any insurattc6 fiequiremente pf&isAgteetneut. (e) Taihirc to reimNrse RPAL for any cost paid by RPAL ftatTYE! is obligated to pay under this Agreement, hcluding, but ttot limited to, the cost ofiestQratto.Q, repatr, maintenance and any other expease imdear the Agyeemenfc (f) Failure to keep the Pj;enuses jftw and clear of any Hens, (g) Assignment of this Agreement or encumbetiag the Premises witho'ut tfie prior written consent ofRPAL.
^h) Failure to comply with all applicable Uws.
(i) TVS's (1) filing for bankrupt^, dissolutioa, iorreoi^smi&ation, or failuteto pbtam a-fall dismissal of any such inwlutttaiy filingbiought by another party befora the earlier of final relief of sixty (60) days after the filing; (2) making a general assigamentfoy the benefit of creditots; (3) applying for the appointment of a receiver, trustee, custodian, or Kguidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the eariier of final jreliefor sixty (66) days after file filmg; (4) insolvenoy; or (5) iailure, inability, or admission in writing of its inability to pay its debts as they become due.
Sub-LeaseAgEreemeat Page 6 of 8
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(}) Failure to oomply wltli any other obHgatiohs of TVS under this Agyeemeat In addition to die right efKPAL to tenniriate Ms Agreement in conuectioft with a default of TVS, RPAL shall be eatifled to exercise all otfaer rights and remedies available to it at law or in equity and/or under Ais Agreement.
20, No Waiver. The waiver by either party of any breach ox default by the other party ofaay provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent bleach by a party of the same or another provision.
21. Iateirut>ti6n of Use. If use of the Premises is materially interrupted or rendered unlawful or unsafe as a result of any jgovenunenffll action, (other than dny grossly aegligent act ofRPAL), othct caJattiity, or other force mtyeure went, RPAL and TVS ^all havi? the option to tenninate this Agreement upon twenty-four (24) hours' wtittetiAotiics.
22. I>amage or Condemnatioa. If all or part of Premises is destroyed oy damaged from any; cause amd the resulting damages or fowe majeureftystrates TVS'suse ofPreBns^s pr causes the use ofPreamgiesto be unfit for (he Neadcsd purpose oy use described in tfiis Agreeimcntor creatc|s diussafe oirhazai'dous condition, eifher party stall liave the option to termmte ^his Agreement upon thirty (30) days* written notice to (he other party. In any event, KEAL ghaU not have any :
obligatiloa to TVS under wy circumstances toTepiair any daftwge toPremises or to rebuild any structure on Premises. If all or part ofPremises is taken under tfae power of eminent domain, or sold under (he ffareat ofcpndemnatiriiEi, either party shall have the optioa to tcattutiate the Agreement upon thirty (30) days* writteft notice to the othca-party.
23. Moldover; If TVS fails to vacate tfae Prettuses by 11:59 p.to. ott&e Expiratidn Date or upon earlier termination, then this Agreement shall contmue on a month-to-moath basis, and T^S shall bewvsK a holdover T^S subject to the Veafms arid co&ditiottofAis Agretemcnt. During the holdovet period, RPAL and TVS shall fiach be erititted to tetoitiate ttus Agreement witti thirty (30) days^witten notice to the fi&er party, aftid tfiercafiei,, the Agreement; shall terminate on tfae fhtrtieth (30th) day following the date of the notice. All other tenns of the Agreewerit'shall remain in effect
24. Notices. Notices uodter this Agreement may he made by petsottal doliveiy to Ae individuats spccifi6d below or by prepaid, registered, or (?ertified mail, Ksfiam- receipt requested, addressed as lEoUowss
ibmi... ^-e/A ^^ / '£>t^d- •2) /<e,£c-7D/5
To TVS: ^*Q^ jkiUA^^y &^C-
Attn; Salgf Hiridman, Executive Duector
Hither pwfy with a written notice to file other party may change the address ahd person designated for notice under this Agreement.
25. Entire Agreemetat, This Agtsemimt coBtains the entiro undeistapdbg between the parties relating to this trausaetion and may not be amended except iti writmg signed by both parties.
gub-Lease Agreement Page 7 of S
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26, . Litigatiou Costs. If an actiott is cojrronenced to eiiforce any provision of tliisAgiieemeat, the prevailing party sliall be entitled to recover i-easonable attorney's fees in addiUon to other costs and fees from the other party.
27. Exhibits. All exhibits referenced in this Agreement are attached hereto and made a part of &ig Agreement
28. Counterparte, This Agreement may bs executed in Identical cotittterpart copies, each of which shall be an original, but all of which taken together shaU constitute one and the same agreement. A PDP copy of a pat1y*s sigtiature on this Apeemeht sliall constitute an origmal and be bwding on all parties when assembled into a fiitiy executed Agi'eetnettt.
IN WITNESS WHEREOF, the parties hftve executed this Agreement on the day and year writtenabove.
BPAL:TVS:
Name:^M^
By;L^-—
/15LName
its: ^s^€-2l^.
Date;<'/^A/sz^
Name: ^ (I if L t^f^\^f^ ^
to: Q€C. A/^ /7^t
Date: fOf'^fi.H
sy^\
Sub-Lease AgrcsinentPage 8 of 8
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RICHMOND TINY HOUSE VILLAGE SUPPORTIVE SERVICES AGREEMENT THIS SUPPORTIVE SERVICES AGREEMENT (this "Agreement"), dated as of October 3, 2024 is made and entered into by and between Tiny Village Spirit, a California public benefit corporation ("TVS"), and Hope Solutions (formerly Contra Costa Interfaith Transitional Housing, Inc.;), a California public benefit corporation ("Service Provider").
RECITALS
A. TVS has created a Tiny House Village consisting of seven (7) to thirteen (13) tiny houses to be occupied as transitional housing for a period up to 24 months by unhoused youth age 18-24 and one onsite Resident Manager on certain real property located at on the south side of Bissell Avenue between 22nd and 23rd Streets (a triangular remainder ofAPNs 514-020-001 through 514-020-015) (the "Project"). TVS sub-leases the property on which the Project will be located from Richmond Police Activities League, a California public benefit corporation ("RPAL") which leases the property from the City of Richmond ("City") pursuant to an Agreement to Lease dated March 8, 2022 as amended by the First Amendment to the Lease dated October 31 , 2023 (collectively the "Lease"), a copy of which is attached as Exhibit A and is hereby incorporated by reference. Service Provider shall provide property management and supportive services regarding the Project.
B. TVS and Service Provider wish to enter into this Agreement pursuant to which Service Provider will provide property management and supportive services to the residents of the Project.
NOW, THEREFORE, in consideration of the promises, covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, contained in this Agreement, TVS and Service Provider, intending to be legally bound, agree as follows:
AGREEMENT
1. Appointment of Service Provider. WS hereby appoints Service Provider, and Service Provider hereby accepts appointment, for the term set forth below and on the other terms and conditions hereinafter set forth, to offer specific services to residents of the Project. WS hereby designates Service Provider as its exclusive agent and representative for the purposes of management and operation for TVS's account of the Project.
2. Term. The term of this Agreement shall be effective commencing as of January 1, 2025 ("Effective Date") for one year ending December 31,2025 ("Term") unless earlier terminated as per Section 8 of this Agreement.
Richmond Tiny Village Service Contract pg. 1
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3. Service Provider agrees to provide services to the Project including the following components:
a, Onsite services that include property management, case management, mental health support, employment assistance, youth academic support, life skills development, and brokerage other essential benefits/services such as health, food, transportation, etc. Transportation assistance is available for clients who require assistance with appointments (medical, mental health, benefits, etc.) and is provided in cars, vans, and with public transportation vouchers, as available.
b. Property management that includes managing occupancy and leasing, youth income certification and program participation computation, program fee collection/processing, resident relations, housing agreement compliance, inspections, and repairs.:
PROPERTY MANAGEMENT
4. Service Provider shall cause the Project to be maintained in a good, clean and sanitary condition that complies with ail legal standards for habitability. Service Provider shall perform regular and reasonable inspections of the Project. Service Provider shall perform or supervise performance of day-to-day maintenance of the Project, perform emergency repairs and perform reasonable preventative maintenance. Service Provider shall comply with or abide by any rule, determination, ordinance or law of any federal, state or municipal authority affecting or concerning the Project. Service Provider shall advise TVS of any serious defects at the Project observed by Service Provider. Service Provider shall receive and investigate all service requests from residents and take any necessary action regarding such requests, Service Provider shall keep records of any actions taken. Service Provider shall be available to receive and respond to requests or emergencies on a 24-hour a day basis.
5. Service Provider shall take all reasonable actions to collect rents, charges or other income when due from residents of the Project in accordance with the terms of their tenancies. All funds shall be deposited in the bank account provided by Service Provider ("Bank Account") within 3 days of receipt. Service Provider may execute all receipts or any other documents reflecting payment by residents of such sums
6. Service Provider shall use reasonable efforts to keep all units at the Project leased.
Service Provider is authorized to enter into lease agreements with residents in the form approved by TVS and for the rental amount approved by TVS without the prior approval of TVS. Service Provider shall advertise any available units for lease in a timely fashion and using marketing methods agreed to in advance by the Parties. Service Providers shall conduct reasonable activities to screen residents and show available units.
Richmond Tiny Village Service Contract pg. 2
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7. Service Provider shall obtain and maintain in full force and effect any and all licenses required for Service Provider lawfully to perform fully its obligations under this Agreement.
8. Service Provider shall:
a. Select and coordinate the move-in of new residents including: maintaining a waiting list, conducting open houses for applicants, conducting interviews of applicants, conducting income certifications for applicants, complying with Fair Housing Law, executing Occupancy Agreements with new Residents and facilitating move-in of new Residents.
b. Conduct an orientation for each new resident before or within 3 days following move-in of any new resident.
c. Enforce all terms and conditions of the Occupancy Agreement. Service Provider shall cooperate with TVS regarding any legal proceedings related to eviction of residents at the Project.
d. Not permit any resident to sublease a Unit
e. Record the condition of each Unit at the time a new resident takes possession of the Unit.
f. Clean and repair all Units following a vacancy.
g. Take all actions to require that all residents complete annual income recertification forms provided by TVS in compliance with the TVS's requirements. h. Provide TVS all information regarding the household size and income of residents at the Property on an annual basis to permit TVS to comply with TVS's tax status.
9. Service Provider shall manage all regular maintenance and repairs as may from time to time be defined and agreed by the Parties including but not limited to cleaning, routine upkeep of the yard areas, common areas, painting, repairs and routine maintenance items such as the replacements of light bulbs. Service Provider shall provide all maintenance associated with the move in and move out of the Residents.
10. Service Provider shall permit TVS, RPAL or City to inspect the Property and the Units as permitted under law.
CASE MANAGEMENT
11, Hope Solutions Case Management/Service Coordination includes information, assistance with completing necessary forms as well as referrals to any mainstream benefits and other specialized services as requested and required by Project residents.
12. Hope Solutions will facilitate regular meetings and communication with Project partners including on an as needed basis to discuss residents who are not in good standing and to come up with a plan to support residents in staying housed.
If residents desire or are required to leave the Project, Hope Solutions will work with them to access housing suitable to their needs.
Richmond Tiny Village Service Contract pg. 3
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13. Case management and service coordination will be provided on-site three days per week by staff. Office hours shall be posted at the Project. This/these persons(s) will be supervised by a Hope Solutions support services manager.
14. Based on the needs and desires of the tenants, more intensive mental health, crisis inten/ention and other support can be provided. Additional sen/ices staff assigned to oversee crisis and mental health support will be appropriately I icensed/cred entialed.
15. Case ManagemenVService Coordination will also work to establish and maintain critical linkages to mainstream services including but not limited to: criminal justice systems, community-based organizations, health services agencies, public school systems, and substance addiction programs in Contra Costa County.
16. Service Provider shall track/provide service utilization and outcome measures utilizing the HMIS system as directed by the County Homeless Program. Service Provider will maintain clients' files in locked cabinets and ensure that HIPAA guidelines are followed with regard to safety and/or dissemination of client information.
17. Service Provider agrees to assist TVS's internal monitoring controls - including providing T\/S with Service Provider's annual audits, participating in an annual program meeting, cooperating with on-site monitoring, and sample file reviews.
RESPONSIBILITIES OF AND SERVICES PERFORMED BY TVS
18. TVS will meet at least quarterly with Service Provider's staff and all other staff working with residents in an effort to ensure communication and collaboration.
19.TVS to provide office space for Service Provider's staff on days on which Service Provider's staff are on site. All parties agree that Service Provider staff will occupy and utilize onsite office space without any expectation of rent payment and operate services programming. Services are to be performed at the Project, under the following conditions:
i. All parties agree that this arrangement shall not create a landlord- tenant relationship between Service Provider and TVS, RPAL or City. Service Provider agrees to promptly vacate all spaces provided hereunder upon the termination of this agreement. ii. Should Service Provider cease to need a portion of the dedicated services office space because of changing staffing levels, Service Richmond Tiny Village Service Contract pg.4
106
Provider agrees to vacate this space and return it to the Project for purposes to be determined by the WS.
iii. Service Provider will be responsible for basic cleanliness and safety of the offices that it occupies including the community room space when used for services events and meetings.
iv. Service Provider will develop an updated list of equipment contained in the offices (including electronic equipment, cooking equipment, refrigerators, etc.) and permit inspection of equipment to ensure building safety.
b. Service Provider also agrees to indemnify and hold harmless TVS,RPAL and City against personal injury and property theft, damage or loss by staff or the agency in the dedicated services offices, unless such conditions resulted from the gross negligence or willful misconduct of TVS, RPAL or City.
20. Compensation of Service Provider. TVS and Sen/ice Provider agree that Sen/ice Provider, with assistance from TVS, shall seek donations, private grants and government funding to reasonably compensate Service Provider for all services, costs and expenses contemplated in this Agreement. To the extent TVS incurs out of pocket costs related to this Agreement including but not limited to the cost of water, garbage, electricity, gas or other mutually agreed utilities regarding the Project, Service Provider shall reimburse TVS from funds raised by Service Provider.
21.lndemnification, TVS hereby agrees to indemnify, defend, protect and hold harmless Service Provider, its partners, officers, directors and employees from any and all claims, liability and incidental costs, fees and expenses (including court costs, reasonable attorneys' fees, penalties, and amounts paid by such indemnified party in settlement of any judgment or claims) arising out of or in any manner connected with TVS's negligent performance of its obligations or willful misconduct under this Agreement, except to the extent attributable to (a) Service Provider or such other indemnified party's negligence or willful misconduct or (b) Service Provider's breach of this Agreement. Service Provider hereby agrees to indemnify, defend, protect and hold harmless TVS, and their respective partners, members, agents, officers, directors, shareholders, and employees from any and all claims, liability and incidental costs, fees and expenses (including court costs, reasonable attorneys' fees, penalties, and amounts paid by such indemnified party in settlement of any judgment or claims) arising out of or in any manner connected with or attributable to Service Provider's negligent performance of its obligations or willful misconduct under this Agreement except to the extent attributable to WS's or such other indemnified party's negligence or willful misconduct or to WS's breach of this Agreement. The indemnity obligations set forth in this Section or elsewhere in this Agreement will survive the expiration or earlier termination of this Agreement.
Richmond Tiny Village Service Contract pg. 5
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22. Insurance. Service Provider shall maintain, or cause to be maintained, throughout the term of this Agreement, at no cost to WS or other parties, insurance as follows;
a. Comprehensive, broad form general liability insurance, in an amount not less than One Million Dollars ($1,000,000) per occurrence / Two Million Dollars $2,000,000 per aggregate.
b. Workers' compensation, as required by law, and employer's liability in an amount not less than One Million Dollars ($1,000,000).
c. Automobile liability insurance for owned, hired or non-owned vehicles, in an amount not less than One Million Dollars ($1,000,000), combined single limit.
d. Professional liability insurance or equivalent covering all negligent acts, errors and omissions in the performance of Service Provider's obligations under this Agreement, in an amount not less than One Million Dollars ($1,000,000), combined single limit.
e. Service Provider shall name WS, RPAL and City as additional insured's on its general liability, automobile liability and professional liability policies.
23. TVS shall maintain, or cause to be maintained, throughout the term of this Agreement, at no cost to Service Provider or other parties, insurance as follows:
a. Comprehensive, broad form general liability insurance, in an amount not less than One Million Dollars ($1,000,000) per occurrence / Two Million Dollars $2,000,000 per aggregate.
b. Workers' compensation, as required by law, and employer's liability in an amount not less than One Million Dollars ($1,000,000).
c. Automobile liability insurance for owned, hired or non-owned vehicles, in an amount not less than One Million Dollars ($1,000,000), combined single limit.
d. TVS shall name Service Provider as an additional insured on its general liability and automobile liability policies.
24. The Policies provided hereunder shall be non-cancelable and non-amendable unless notice in writing is given to Service Provider and TVS not less than ten (10) business days prior to the effective date of any cancellation or amendment.
Such notice shall not derogate from the continuing obligation to maintain insurance pursuant to this Agreement. A duplicate original of each policy and certificates of renewal shall timely be provided by Sen/ice Provider. If any policy is a claims made policy and not an occurrence policy, either appropriate claims made or tail insurance shall be maintained in full force for that period of time after termination of this Agreement required under applicable law to continue to provide insurance protection to Service Provider pursuant to this Agreement with respect to occurrences prior to the termination of this Agreement.
25. Termination of agreement
a. Service Provider's Default.
Richmond Tiny Village Service Contract pg. 6
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i. If Service Provider shall be in material default in the performance of any of Service Provider's obligations under this Agreement and such default shall continue for twenty (20) days after written notice from TVS to Service Provider designating such default, or if such default cannot be cured within a twenty (20) day period and Service Provider has not commenced such cure and is not diligently pursuing such cure, and which such cure, in any event, shall not exceed thirty (30) days to cure,
ii. if Service Provider shall make any general assignment for the benefit of creditors,
ill. if Service Provider shall be insolvent or otherwise shall fail to pay Service Provider's debts as they become due,
iv. there shall be filed against Service Provider any petition for adjudication as a bankrupt, or for reorganization, or for any arrangement, or for any relief under the Bankruptcy Act or under any other federal or state insolvency act that is not discharged within sixty (60) days thereafter, or
v. if Service Provider or any of its employees or agents shall engage in criminal misconduct, willful and wanton misconduct, or commit intentional fraud,
then, and in any such event, TVS may, but shall not be obligated to, terminate this Agreement by written notice to Service Provider given at any time thereafter while such default or other event shall be continuing, in which event this Agreement shall terminate upon the giving of such notice (unless such notice shall specify that such termination shall be effective at a later date, in which event this Agreement shall terminate upon the later date so specified).
b. TVS's Default. If TVS shall be in material default in the performance of any of TVS's obligations under this Agreement and such default shall continue for twenty (20) days after written notice from Service Provider to TVS designating such default, or if such default cannot be cured within a twenty (20) day period and TVS has not commenced such cure and is not diligently pursuing such cure, then, and in any such event, Service Provider may terminate this Agreement by written notice to TVS given at any time thereafter while such default or other event shall be continuing, in which event this Agreement shall terminate upon the giving of such notice (unless such notice shall specify that such termination shall be effective at a later date, in which event the agency created by this Agreement shall terminate upon the later date so specified). c. Termination for Convenience. TVS or Service Provider may terminate this Agreement, for any reason or no reason, upon thirty (60) days prior notice to Service Provider.
d. Transitional Duties. Notwithstanding the termination of this Agreement under this Section, Sen/ice Provider shall be liable for and shall be obligated to perform the duties or obligations of Service Provider under this Agreement up Richmond Tiny Village Service Contract pg. 7
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to and including the effective date of termination. Upon any such termination, Service Provider shall (i) deliver to TVS all materials, documents, and records pertaining to this Agreement as TVS shall request, (ii) furnish to TVS, or to anyone designated by TVS, all such information, and take all such action as TVS shall require in order to effectuate a professional, orderly and systematic ending of Service Provider's duties and activities hereunder.
26. Notices. All notices, demands, requests or other communications required or permitted under this Agreement shall be in writing and be deemed to have been properly given if personally delivered or if sent by United States certified mail, return receipt requested, or by Federal Express or other comparable courier service, postage prepaid, addressed to each and every one of the parties below.
Notice shall be deemed given as of the date of personal delivery, or, if there has been no personal delivery, as of three (3) days after the date notice is sent, regardless of the date of receipt. Any party may designate a change of address by written notice to the others, given at least ten (10) days before such change of address is to become effective.
The parties entitled to receive notices are as follows:
"TVS":
3129 Ellis Street
Berkeley, CA 94703
"Service Provider":
Hope Solutions
399TaylorBlvd,Ste115
Pleasant Hill, CA 94523
27. No Joint Venture. Nothing herein shall be deemed or construed to create any partnership, joint venture or other form of joint enterprise between the parties hereto.
28. Agreement Not Assignable. This Agreement may not be assigned or transferred by Service Provider without the prior written consent of TVS. Without intending to limit the foregoing, Service Provider is expressly prohibited from appointing a subcontractor for the performance of any of Service Provider's obligations hereunder without the express prior written consent of TVS.
29. Entire Agreement and Binding Effect. This Agreement sets forth all the covenants, promises, agreements, conditions or undertakings, either oral or written, between TVS and Service Provider. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon TVS or Service Provider unless reduced to writing and signed by both parties hereto. This Agreement shall be binding upon and shall inure to the Richmond Tiny Village Service Contract pg. 8
110
benefit of the parties hereto, and, to the extent assignment does not violate the provisions of Section 10 hereof, upon their respective successors and assigns.
30. Dispute Resolution. In the event any dispute is not resolved privately by the parties hereto, the parties shall submit the issue to mediation. If the parties are unable to come to an agreement, binding arbitration shall constitute the sole remedy for the resolution of such dispute. Any of the parties may submit such dispute for binding resolution to JAMS, under its commercial arbitration rules. The arbitration shall be held in California before a single arbitrator. If the parties cannot agree on a single arbitrator within 10 days after the request of either party, such arbitrator shall be appointed by JAMS in accordance with its rules. The non- prevailing party or parties in such arbitration, as determined by the arbitrator, shall pay all costs associated with such arbitration, including the prevailing party's or parties' reasonable attorneys' fees. The arbitrator's decision shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction.
31. California Law. This Agreement is made under and shall be governed by the laws of the State of California without regard to conflict of laws principles. If a court of competent jurisdiction is unable to construe any provision of this Agreement or holds any part thereof to be invalid, such holding shail in no way affect the validity of the remainder of this Agreement.
32. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original and together which will constitute one and the same instrument.
33. Waiver. The failure of either party hereto to insist upon or enforce, in any instance, performance by the other party of any of the terms of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent of such party's right to assert, or rely upon, any such terms or rights on any future occasion. No waiver shall be valid unless stated in writing and executed by the party granting such waiver.
IN WITNESS WHEREOF, T\/S and Service Provider have each caused their duly authorized representatives to execute this Agreement as of the date first written above.
Tiny Village Spirit
By;
1 Sally Hindman
Its; Executive Director
Richmond Tiny Village Service Contract pg. 9
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SERVICE PROVIDER Hope Solutions, a California nonprofit public benefit corporation Deanne Pearn
Its: Chief Executive Officer
Richmond Tiny Village Service Contract pg. 10
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FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made and entered into effective as of_, 2023, by and between the City of Richmond, a municipal corporation and charter city ("Landlord") and Richmond Police Activities League, Inc., a California nonprofit public benefit corporation ("Tenant"), .Landlord and Tenant are referred to herein as the "Parties,"
A. The Parties entered into that certain Agreement to Lease dated as of March 8, 2022 (the "Existing Lease") pursuant to which Landlord leases to Tenant certain premises therein described and located on the south side ofBissell Avenue between 22nd and 23rd Streets (a triangular remainder ofAPNs 514-020-001 through 514-020-015). Pursuant to Section 32 of the Existing Lease, that certain Agreement to Lease dated as of October 6, 2010, eKecuted by and between City and Tenant was terminated as of the effective date of the Existing Lease, B. As set forth herein, the Parties desire to amend the Existing Lease to provide for an expansion, of the permitted uses upon satisfaction of specified conditions, t
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Use of the Property, Section 9.1 of the Existing Lease is hereby deleted in its entirety and replaced with the following;
9.1 Use of Property; Richmond Tiny House Village Farm and Garden Project. Tenant shall be permitted to install and maintain a community garden ("Community Garden") on the Property and related improvements including fencing, landscaping, irrigation, lighting, and security features. Upon satisfaction of the conditions set forth in Section 9.5, Tenant shall be permitted to install or construct seven (7) tiny houses ("Tiny Homes") on the Property, The Tiny Homes shall be made available at affordable rent to unhoused youth age 18-24 and one onsite "Resident Manager". Kitchen, bathroom facilities, and parking will be on the Property adjacent to the Tiny Homes. Notwithstanding any contrary provision of this Lease, the Tiny Homes may remain on the Property for a period of twelve (12) months commencing upon the date that they are installed pursuant to City permits. With City's prior written consent, such period may be extended for one additional year. Upon City's written approval, another sue (6) Tiny Homes may be placed on the Property subject to the conditions set forth in this Section 9.1 and Section 9.5. City's issuance of applicable permits is required prior to the installation of any and all structwes on the Property, including without limitation structures related to the Community Garden or the Tiny Homes, Exhibit C of the Existmg Lease is hereby deleted in its entirety,
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2. Conditions Precedent. The following Section 9.5 is hereby added to the Existing Lease;
9.5 Conditions Precedent. Prior to the installation or construction of any Tiny Home on the Property, and prior to the installation and construction of the Commumty Garden, Tenant shall satisfy all of the following conditions:
(i) Tenant must correct all violations described in that certam letter dated August 23, 2023, delivered to Tenant by City.
These include, without limitation, the requirement to obtain applicable use permits for storage facilities and community garden structures and uses.
(ii) Tenant must submit for City review and approval, a memorandum of understanding or similar agreement addressing the schedule, costs, responsibilities, and obligations of each party responsible for installation/constmction and operation, management and maintenance of the Tiny Homes and the Cottmiunity Garden, Following approval by Tenant's governing Board and the City, Tenant shall deliver to City a copy of such memorandum or similar agreement executed by Tenant and all parties responsible for such installation/construction and operation, management and maintenance. (iii) Tenant must create a site plan. for the Property showing the proposed location of the Community Garden and the Tiny Homes, and must obtain approval of such plan from- the City Planning Department and City Fire Department,
(iv) Tenant must submit to City for City review and
approval, a financing plan detailing a development budget, an operating budget, and identifying all sources and uses for development, operation and management of the Community Garden and the Tiny Homes.
(v) Tenant must submit to City for City review and
approval a management plan and proposed property manager for the Tiny Homes. Such plan must include identification of the proposed manager, and a plan describing tenant selection procedures, resident services, and charges payable by residents.
(vi) Tenant and all contractors and licensees, including without limitation, the entities responsible for installatioa/consti'uction and management, maintenance, and operation of the Community Garden and/or the Tiny Homes, must provide evidence of insurance in compliance with the requirements set forth in Exhibit A attached to the First Amendment to Lease.
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(vii) Tenant must obtain all required entitlements and permits from the City Planning Department, City Building Department, and City Fire Department, and all other applicable departments and agencies.
3. Taxes. Section 6 of the Existing Lease is hereby modified to add the following sentence:
Notwithstanditig the foregoing, Tenant may require the
operator/manager of the Community Garden and the Tiny Homes to pay applicable taxes and assessments, but this shall not relieve Tenant of its ultimate responsibility to ensure that all such taxes and assessments are timely paid.
4. Utilities. Section 12 of the Existing Lease is hereby modified to add the following sentence:
Notwithstanding the foregoing, Tenant may requu'e the
operator/manager of the Community Garden and the Tiny Homes to pay applicable utility charges, but this shall not relieve Tenant of its ultimate responsibility to ensure that all such utility charges are timely paid.
5. Insurance. Section 14 of the Existing Lease is hereby modified to read as follows:
Section 14, Insurance. Tenant, at its own cost and expense, shall carry and maiutam the insurance coverage set forth in Exhibit A to the First Amendment to Lease throughout the Term and any Extended Term or other extension of the Term of the Lease. Tenant shall provide evidence of such insurance to City prior to the effective date of the First Amendment to Lease and annually thereafter. Tenant shall ensure that all contractors, subcontractors, and licensees, including without limitation, the entities responsible for mstaUation/consh.'uction and management, maintenance, and operation of the Community Garden and/or the Tiny Homes obtain and maintain all applicable insurance set forth in Exhibit A to the First Amendment to Lease, and shall ensure that evidence of such insurance is delivered to City prior to the commeacemenf: of any work on the Property, and annually thereafter.
6. Existing Lease Remains in Effect. Except as modified by this Amendment, all provisions of the Existing Lease shall remain unchanged and in full force and effect.
7. Counterparts. This Amendment may be eKecuted in counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, tlie Parties have executed this First Amendment to Lease effective as of the date first written above.
LANDLORD:
CITY OF RICHMOND, a California
municipal corporation and charter city
By;_
Kinshasa Curl, City Manager
Attest:
By:.
City Clerk
Approved as to form:
By:_
TENANT:
RICHMOND POLICE ACTWITffiS
LEAGUE, INC., a California nonprofit public
i^t corporatioi
Print kme: X-W/ ^^^
Title; ^X^ AW/^-. D /<€ -
City Attorney
4895-7782-2319 v2
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Exhibit A
INSURANCE REQUIREMENTS
(Attach current insurance requirements.)
4895-7782-2319 v2
117
Memorandum of Understanding
TJiis Memorandum ofUnderstandmg ("MOU") is entered into and effective as of October _tf__, 2024 ("Effective Date") by and between Richmond Police Activities League, a California public benefit corporation ("RPAL"), Tiny Village Spirit, a California public benefit corporation ("TVS"), Hope Solutions, a California public benefit corporation ("Hope Solutions") and Safe Organized Spaces—Richmond, a California public benefit corporation ("SOS Richmond") (collectively hereafter the "Parties").
1. RPAL leases that certain real property m the City of Richmond, County of Contra Costa, State of California located on the south side ofBissell Avenue between 22nd and 23rd Streets (a triangular remainder ofAPNs 514-020-001 through 514-020-015) that is described more particularly in Exhibit A (the "Property") from the City of Richmond ("City") pursuant to an Agreement to Lease dated March 8,2022 ("2022 Lease") as amended by the Fu-st Amendment to the Lease dated October 31,2023 ("First Amendment") (collectively the "Lease") a copy of which is attached as Exhibit B and is hereby incorporated by reference.
2. TVS seeks to create and operate a Tiny House Village and related structures necessary to operate the Village upon a portion of the Property to house and serve homeless youth as described in the First Amendment to the Lease. The Prqj ect shall include construction and operation of seven (7) tiny houses ("Tiny Homes") on the Property, and with City's prior written consent, another six (6) Tioy Homes as described in more detail m Exhibit D. T.he Tiny Homes shall be made available at affordable rent to unhoused youth age 18-24 and one onsife Resident Manager (the "Project"). The parties agree that TVS and its licensed contractors shall construct and create the Tiny Homes and related structures.
TVS shall own the Tiny Homes. The parties agree that upon completion of construction. Hope Solutions shall provide professional property management and homeless supportive services for the Project under contract with TVS. The Parties agree that upon completion of construction, SOS Richmond shall provide professional security services for the Project under a sub-contract with Hope Solutions, as described in more detail in Exhibit G.
3. The purpose of this MOU is to satisfy the conditions imposed m Section 9.5 of the First Amendmeut. To the extent all such conditions are satisfied and so long as TVS and entities contracted by TVS are solely and exclusively responsible and liable for all permitting, legal compliance, construction, ownership, operation, maintenance, insurance, security and supportive services regarding the Project, KPAL shall sub-lease a portion of the Properly depicted on Exhibit C (the "Project Area") to TVS so fhat TVS can create and operate the Project for the term and upon all terms stated in the First Amendment, tlus MOU and a sub-lease agreement to be executed by RPAL and TVS. TVS agrees that all of its activities related to the Project and fhis MOU shall comply with all terms oftlie Lease.
4. The Parties agree that (he sub-lease for the Project Area shall be co.oamercially reasonable and shall include the following terms:
(a) TVS's use of the Project Area shall be exclusively for Project uses. TVS shall not allow any activities that are illegal or that constitute a nuisance upon the Project Area. TVS shall not permit residential occupancy of any structure until said structm'e receives a final Certificate of Occupancy. (b) Any construction upon the Project Area shall be only as depicted in the plans and specifications in Exhibit D and only as approved and permitted by all applicable government agencies.
TVS shall protect RPAL from mechanics liens , TVS and its contractors shall obtain all required Memorandum of Understanding Page 1 of 11
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workers compensation insurance as well as comprehensive construction liability insurance prior to conducting any consti'uction activities upon the Project Area, TVS shall only enter into contracts with licensed entities for any construction activity that requires a license, All work performed in relation to the Project by TVS, any entity contracted by TVS or any of their volunteers, agents, representatives, or contractors shall comply with all relevant federal, state and local laws, rules, regulations and standards, zoning and building codes, ordinances, operating certificates for facilities, or licenses for an activity, (c) Upon completion of construction and throughout the term of the sub-lease, TVS shall contract with Hope Solutions (or another professional property management and homeless supportive services provider hired by TVS, subject to approved by RPAL and the City) to manage the Program Area and the Program participants, TVS shall only enter into contracts with licensed entities for any activity that requires a license.
(d) Upon execution of the sub-lease and throughout its term, SOS Richmon.d (or a sub- contractor hu-ed by Hope Solutions, subject to approved by TVS, RPAL and the City) shall provide security services for the Project Area.
(e) TVS shall pay all expenses for utilities, maintenance, operation and insurance regarding the Project Area. RPAL shall not be responsible for any cost or expense related to the Project Area during the term of the sub-lease.
(f) TVS shall not assign the suMease without the prior written consent ofRPAL. TVS may sub-lease or sub-Ucense the residential portion of tiny houses located within the Project Area to TVS program participants without RPAL's consent.
(g) TVS shall maintain general commercial liability insurance regarding all operation, occupancy, maintenance and use of die Project Area in an amount requu-ed by Exhibit A of the Lease.
All contractors retained by TVS shall be required to purchase insurance regarding their operations with siimlar limits with TVS named as an additionally insured. (h) TVS shall indemnify and hold RPAL harmless against and from any and all claims arising from TVS's use of Project Area.
5. Upon RPAL's sub-lease of (he sub-Premises, TVS and its agents shall make The Tiny Homes available at affordable rent to unhoused youth age 18-24 and one onsite "Resident Manager".
Kitchen, bathroom facilities, and parking will be on the Property adjacent to the Tiny Homes. The Tiny Homes may remain on the Property for a period of twelve (12) months commencing upon fhe date that they are installed pursuant to City permits. With City's prior written consent, such period may be extended for one additional year. Upon City's written approval, another six (6) Tiny Homes may be placed on the Property subject to the conditions set forth in this Section 9.1 and Section 9.5 of the Pu-st Amendment.
6. TVS agrees that City's issuance of applicable permits is required prior to fhe installation of any and all sb-uctures on the Property.
7. TVS shall satisfy all of the following conditions contained in Section 9.5 of the First Amendment as follows:
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(i) TVS must correct all violations described m that certain letter dated August 23,2023 , delivered to RPALby City. These include, without limitation, the requirement to obtain applicable use permits for storage facilities and structoes and uses.
(ii) TVS must submit for City review and approval the description of the schedule, costs, responsibilities, and obligations of each party responsible for mstaUation/constmctlon and operation, management and maintenance of the Tiny Homes attached hereto as Exhibit E. (iii) TVS must create a site plan for the Project Area showing the proposed location of the Tiny Homes, and must obtain approval of such plan from the City Planning Department and City Fire Department. (RPAL shall be responsible for creatmg a site plan for the Property showing the proposed location of the Community Garden (as that term. is defined in the First Amendment), and must obtain approval of such plan from the City Planning Department and City Pire Department.) (iv) TVS must submit to City for City review and approval the fmancing plan. attached hereto as Exhibit F detailing a development budget, an operating budget, and identifying all sources and uses for development, operation and management of the Tiny Homes. (RPAL must submit to City for City review and approval, a financing plan detailing a development budget, an operating budget, and identifying all sources and uses for development, operation and management of the Community Garden.)
(v) TVS must submit to City for City review and approval tlie management plan for Hope Solutions regarding the Tiny Homes attached hereto as Exhibit 0. Such plan must include and a plan describing tenant selection procedures, resident services, and charges payable by residents. (vi) TVS, Hope Solutions and SOS Richmond shall provide evidence ofiasurance in compliance with tile requirements set forth in Exhibit A attached to the First Amendment to Lease.
8. Tlie parties agree that RPAL shall be solely responsible for meeting all of its obligations under its original October, 2010 Lease regarding parkmg and an amended March 2022 Lease regarding gardens.
9. The parties acknowledge and agree that the Lease requires that upon termination, the Property shall be returned in its original condition to the City of Richmond, TVS shall be solely responsible for returning the Project Area to its original condition upon termination of the Lease or the sub-Iease,
10, The parties acknowledge and agree that any final development and site use plan is subject to provisions of the State Surplus Lands Act including AB 1486.
11. RPAL and TVS agree to execute, within a reasonable time after written request, any documents required by the other party or any third party related to the Project to carry out the intent of •thisMOU.
12. . Any party may terminate this MOD for material breach of the MOU by providing written notice to the breaching party describing the breach and giving the other parties seven (7) days to cure the breach. Unless the breach is cured within the notice period, this MOD shall terminate at the expiration of the notice period, provided, however, that if the nature of breach Memorandum of Understanding Page 3 of 11
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4 8,
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Exhibit A
(Legal Description of Property)
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Exhibit A
(Legal Description of Property)
All that certain real property situated in the City of Richmond, County of Contra Costa, State of California, more particularly described as follows:
Parcel One:
A portion of Lots I -14 and 27-32 of Block 95, as sliown on that cenain map entitled "Map of Richmond" filed for record in the office of (lie County Recorder of Contra Costa County, State of California.
Assessor's Parcel Number (APN): 514-020-001 -4
Mailing Address: 450 Civic Center Plaza, Richmond, CA 94804-1630 Legal Descn'ption: CITY OF RICHMOND LTS 1-14 & 27-32 BLK 95 Use Type; Government
Tax Rate Area; 008-127
Lot Acres; 1,226
Lot SqFt: 53,438
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Exhibit B
(Lease and First Amendment)
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Exhibit B
(Lease and First Amendment)
AGREEMENT TO LEASE
THIS AGREEMENT TO LEASE (herein after referred to as the "Agreement") is made and entered into as of this _day ofFebruaiy 2022 to be effective as herein below set forth, by and between tlie CITY OP RICHMOND, a municipal corporation and charter city (hereinafter called "Landlord") and Richmond Police Activities League, Inc., a California nonprofit corporation (hereinafter called "Tenant"),
WITNBSSETH:
WHEREAS, LANDLORD is the owner of certain real property in the City of Richmond, County of Contra Costa, State of California, located on the south side ofBissell Avenue between 22nd and 23rd Streets, (a triangular remainder of APNs 514-020-001 through 514-020- 015), and that is described more particularly in Exhibit "A" (tlie "Property"); and
WHEREAS, Tenant seeks to construct and maintain a parking lot on the Property as an appurtenance for the Richmond Police Activities League Gymnasium located at 2200 Macdonald Avenue for the purposes permitted in Section 9 of this Agreement; and
WHEREAS, Tenant seeks to create a community garden and
conduct supportive programs; and
WHEREAS, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Property.
NOW, THEREFORE in consideration of the mutual covenants and agreements set forth herein, the parties hereto agree as follows; Section 1. Property.
1.1 Landlord is the owner of the Property.
1.2 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property for the purposes permitted in Section 9 of this Agreement.
Section 2. Term of Agreement.
2.1 Initial Term.
Tlie effective date of this Agreement shall be February _, 2022 (hereinafter called "Effective Date"). The Term of this Agreement shall be for ten (10) years Memorandum of Understanding Page 7 of 62
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commencing upon tlie Effective Date and continuing through February 2031 (hereinafter called the "Term") at which time this Agreement shall automatically terminate unless Tenant exercises its two (2) successive five (5) year option periods as provided for in Section 2.2 of this Agreement,
2.2 Option Term.
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Landlord hereby grants to Tenant tlie option to extend the term of this Agreement for two (2) additional five (5) year periods commencing when the prior term expires upon eacli and all of the following terms and conditions (such periods are refenred to herein as the "Extended Term"):
2.2.1 In order to exercise an option to extend. Tenant must give written notice of such election to Landlord and Landlord must receive the same at least thirty (30) days but not more than ninety (90) days prior to the date that the option period would commence, time being of tlie essence. If proper notification oftlie exercise of an option is not given and/or received, sucli option shall automatically expire. Options may only be exercised consecutively.
2.2.2 Base. Rent for any Extended Term shall be subject to an annual adjustment as provided in Section 3.2 of tliis Agreement and shall continue at rate existing at end of initial lease period.
2.2.3 Except for tlie provisions of this Agreement granting options to extend the Term; all of the terms and conditions of this Agreement, except where specifically modified by this Section 2.2 shall apply.
2.2.4 All renewal options granted pursuant to this Section
2.2 shall be personal to Tenant, The exercise of tins option term is subject to the condition that Tenant is not in default under the temis of this Agreement.
Notwithstanding the provisions oftliis Section 2.2 otherwise, Landlord shall have the right to terminate Tenant's leasing of the Property (or an)' portion {hereof) during any Extended Term upon ninety (90) days written notice to Tenant, without cause, for any reason.
2.3 Reserved_Easements.
Landlord reserves to itself and tile right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction of sucli utility easements) over, under, though, across or on the Property, provided Landlord sliall use reasonable efforts to provide that such work occurring and any easement is located sucli that it will not unreasonably interfere with Tenant's use and enjoyment of the Property. Tenant shall not be obligated to maintain or repair easement facilities unless the need for repair is caused by Tenant's negligence or other wrongful Memorandum of Understanding Page 8 of 62
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conduct. Tenant shall be given reasonable notice before commencement of any work on the Property, Work occurring, shall, to the extent reasonably practicable, not prevent Tenant's use of the Property for the purposes specified in Section 9. In the event (lie installation or maintenance of such future utility lines in such easements causes any damage to the Property, or any portion thereof, including but not limited to pavement, curbs and sidewalks, the same shall be repaired by Landlord to at least the condition in existence prior to the work referred to in this Section, at its expense, if not so repaired by (lie party installing and maintaining (lie utility lines.
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Section 3. Rental Payments.
3.1 Base Rent.
During the Term Tenant shall pay to Landlord as annual rental, witliout deduction, setoff, prior notice or demand, the sum of $1.00 Dollar ($1.00) commencing on the Effective Date and continuing annually during the Tenn or any Extended Temi.
3.2 Extended Term Rent
Commencing with tlie first day of (lie Extended Term, Tenant agrees to pay to Landlord the annual rent whicli was payable by Tenant for the last month of (lie immediately preceding year.
Section 4. General Covenants.
Tenant shall commence paying rent upon the effective date of this Agreement, Upon Tenant paying the Rent for the Property as herein provided, and observing and performing all of (lie covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of tile Property for the entire Term and any Extended Term hereof subject ta (lie provisions of this Agreement.
Section 5. Acceptance ofProoertv.
Tenant's taking possession of the Property on the Effective Date shall constitute Tenant's acknowledgment that the Property are in good condition and that Tenant accepts the Property "AS IS", Tenant shall be responsible for installing and maintaining all improvements required to use the property for the puiposes set forth in Section 9,
Section 6. Taxes,
Tenant shall pay all taxes which may be levied, imposed, or Memorandum of Understanding Page 9 of 62
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assessed upon or against the Property, or any possessory interest right which Tenant may have in or to the Property by reason of its use or occupancy thereof, and upon or against tlie structures, personal property and improvements located thereon. Tenant recognizes and undeistands that this Agreement may create a possessory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant agrees to pay all taxes, assessments, and charges on goods, merchandise, appliances, equipment, and property owned by it in or about said Property,
Section 7, Safety Precautions.
Tenant agrees not to (a) employ or use ways or means, which are, dangerous on account of fire, explosions, or other hazardous risks over and above those normally associated with the type of business permitted in Section 9 of this Agreement, or (b) load or unload, handle or store in, on or around the Property any material or substance which would be dangerous because of the RPAL PARKING LOT LEASE Page 3 of 24
reasons set forth in (a) above, or would cause a cancellation of, or an increase in premiums payable under any policy of insurance maintained by Landlord in connection with the Property, if any.
Section 8. Comoliance with Laws.
8,1 Compliance Generally. Tenant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any courts or administrative bodies ortribunals including municipal autliorities, with respect to this Agreement, including without limitation environmental laws, employment discrimination laws, and prevailing wage laws for work that is not performed by "volunteers" as defined in California Labor Code Section 1720.4. Compliance under this provision includes compliance witli all provision_ofthe Municipal Code of the City of Richmond ("Municipal Code") including Chapter 2.28 and Chapters 2.50, 2,52, 2.56, and 2.60, if applicable, which are herein incorporated by reference. Tenant shall be responsible for paying any fines or charges which may be levied by said agencies, departments, authorities, tribunals, administrative bodies or courts for violations of said laws, orders, decrees, rules, regulations, ordinances and requirements arising out of Tenant's use and occupancy of the Property.
8.2 Compliance with Municipal Code Chapter 2.28.030.
Tenant agrees to observe the provisions of Section 2.28.030 of the Municipal Code obligating every contractor or subcontractor under a contract or subcontract with the City public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, Memorandum of Understanding Page 10 of 62
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sex, sexual orientation, religious creed, national origin or ancestiy of any employee, any applicant for employment or any potential subcontractor. Said Section 2.28.030, if applicable, is, by this reference, made a part of this Agreement,
8.3 Conmliance with Municipal Code Cliaoter 2,60.
Tenant agrees to comply with all applicable requirements of the Chapter 2.60 of the Municipal Code ("Living Wage Ordinance") which is incorporated into this Agreement by tliis reference. As required under Section
2.60.070, Tenant shall, upon request, promptly provide to Landlord documents and information verifying its compliance with the Living Wage Ordinance for all work perfonned by persons otlier than "volunteers" as defined in California Labor Code Section 1720.4.. Also as required by Section 2.60.070, Tenant shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Section 9. UseoftheProGertv.
9,1 Tlie Tenant shall install and maintain the surface parking facilities and any improvements related to (lie community garden and its related programs (including all required fencing, landscaping, irrigation, lighting, and security features) on the property and shall not erect
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any pemianent structures on the property without the approval of the Landlord and following completion of the appropriate plans submitted to tlie Community Development Department and receipt of the necessary permits and financing.
Tenant sliall use the Property for surface parking and for such other uses as may be consistent with surface parking, such as temporary storage of building materials, for the Richmond Police Activities League only and for no other purpose, in all cases, subject to the terms of this Agreement. All other uses shall require the prior written approval of Landlord and sliall be conducted consistent with tlie provisions of the Agreement.
9.2 Tenant agrees it will use due diligence to require all persons entering upon the Property not to use the Property in whole or in part during the Term or any Extended Term of this Agreement for any purpose other than as hereinabove set forth, except with the prior written consent of Landlord, at its sole discretion. Tenant shall • bring, at its own cost and expense, its own machinery, equipment, fixtures, and other personal property necessary or convenient to its construction and operation of the Property.
9.3 Tenant shall not perform or permit repair work to any vehicle parked at the Property.
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9.4 Tenant shall not permit any vehicles that are not registered to the Tenant to park overnight on tiie Property, except by the express written consent of the Landlord.
Section 10. Maintenance. Alterations and Surrender ofPropertv. 10,1 Tenant shall, tliroughout the Term or any Extended Tenn of this Agreement and so long as it remains in the possession of the Property, maintain the Property in good, safe and sanitary condition and keep the Property in good repair, except as provided in Section 15 of this Agreement. Landlord shall not Iiave any responsibility to maintain the Property or to make repairs. No hazardous materials are allowed to be used or stored at the Property at any time, 10,2 Tenant shall not commit, suffer or permit any nuisance in or about (lie Property.
10,3 Tenant sliall not make any alterations and/or improvements to (lie Property without the prior written consent of Landlord, which shall not be unreasonably withheld provided tliat Tenant has received all required discretionary land use approvals. Tenant sliall apply for and exercise diligent goad faith efforts to obtain all necessary land use approvals (the "Land Use Approvals"), including but not limited to City of Richmond design review approval, as necessaiy for any alterations and/or improvements. Landlord's consent to alterations and/or improvements sliall not substitute for or guarantee grant of Land Use Approvals. 10,4 Landlord's consent to Tenant's application for alterations and/or improvements does not obligate any City of Richmond official, department, board, commission, employee or the City Council to approve such alterations and/or improvements. The City retains
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its discretion to approve or disapprove any alterations and/or improvements. Any alterations and/or improvements made shall remain on and be surrendered with the Property on expiration or tennination of (lie Term or any Extended Term, except that Landlord may elect within thirty (30) days before expiration of (he Term or any Extended Term, or within thirty (30) days after termination of the Term or any Extended Term, to require Tenant to remove any alterations and/or improvements which Tenant has made to the Property, If Landlord so elects, Tenant at its sole cost and expense shall restore the Property to the condition designated by Landlord in its election, before the last day of the Term or any Extended Term, or within sixty (60) days after notice of election is given, whichever is later.
10.5 Wliere Landlord consents to Tenant's alterations and/or improvements to the Property as provided in this Section, such alterations and/or improvements shall not be commenced until ten (10) days after Landlord has Memorandum of Understanding Page 12 of 62
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received notice from Tenant stating the date the installation of the alterations and/or improvements is to commence so that Landlord can post and record an appropriate notice ofnon-responsibility.
10.6 The costs of maintenance and repair of any Tenant alterations and/or improvements and the costs of ordinary maintenance and repair of the Property shall be paid by (he Tenant. Tenant shall return the Property to Landlord in as good condition as when delivered, less ordinary wear and tear.
Section 11. Duh' to Guard Goods. Fire Equipment.
11.1 Except to the extent caused by Landlord's sole active negligence or willful misconduct. Landlord shall have no liability for any loss or damage to the goods, material, property and equipment of Tenant or third persons, upon or used in connection with the Property irrespective of the source of such loss or damage. Tenant shall provide at its own expense such security guards or alarm system as it may deem necessary for the security and protection of goods, material, property and equipment and Tenant's operations. 11,2 Tenant further agrees, at its own cost and expense, to maintain upon the Property at al! times such fire equipment as may be prescribed from time to time, including any periodic inspection and certification as may be required by the Fire Marshal of the City of Richmond, or other competent authority. Tenant shall cause all goods, materials, property and equipment to be stored in sucli a manner that any fire equipment and controls on the Property are readily accessible at all times. In the event of any danger or damage to Landlord's property caused by fire, earthquake, or like hazard, Landlord shall be immediately notified by Tenant ofsucli
danger or damage.
Section 12, Utilities.
Tenant hereby covenants and agrees to pay for all water, sewer, heat, gas, trash collection, electricity, telephone service and any other utilities which may be furnished to or used
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in or upon the Property by Tenant during the Term of this Agreement, Section 13. Indemnifioation.
13.1 To the fullest extent allowed by law, Tenant shall defend, indemnify and hold harmless tlie City of Richmond, and its elected and appointed officials, officers, employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees, expert witness fees and other Memorandum of Understanding Page 13 of 62
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defense costs, resulting from injury to or death sustained by any person (including Tenant's officers, employees, volunteers, agents and clients), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with this Agreement, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of the City of Richmond, or its elected or appointed officials, officers, agents, or employees. This indemnification provision shall survive the termination of this Agreement, including any Extended Term.
13,2 In claims against any person or entity indemnified under Section 13.1 above by an employee of Tenant, anyone directly or indirectly employed by Tenant or anyone for whose acts Tenant may be liable, the indemnification obligation under Section 13.1 above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or otlier employee benefit acts.
13.3 Submission of insurance certificates, endorsements, or other proof of compliance with the insurance requirements in Section 14 below does not relieve Tenant from liability under this Section. This indemnification, hold liarmless and defense obligationsshall apply whether or not such insurance policies are applicable to any sucli damages or claims for damages.
Section 14. Insurance.
Tenant, a< its own cost and expense, shall carry and maintain the insurance coverage sel forth in Exhibit "B" attached hereto and incorporated herein by reference throughout the Term or any Extended Term of this Agreement.
Section 15. Destruction ofPropertv.
15,1 Due to Risk Covered by Insurance. Any loss, damage to or destruction of the Property covered by the insurance provided for in tliis Agreement, during (lie Term or any Extended Term of the Agreement shall have no effect upon the Term or any Extended Term, the Rent payable hereunder or any of Tenant's obligations hereunder.
15.2 Due To Risk Not Covered by Insurance. If tlie Property shall, during (lie Term or any Bxtended Term oftliis Agreement, be damaged in whole or in part by any cause of whatsoever nature arising from activities of Tenant within the Property from a risk not covered by
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the insurance provided for in this Agreement whether or not caused by the default or neglect of Tenant, its officers, employees, volunteers, agents, or clients, the Memorandum of Understanding Page 14 of 62
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same shall be promptly repaired, rebuilt or replaced by Tenant at its sole cost and expense. If the existing laws do not permit the restoration, either party can terminate (his Agreement immediately by giving notice (lie other party absent any notice period prescribed otherwise in this Agreement.
15.3 New Lease Area and Relocation Benefits. If this Agreement is terminated for any reason, Landlord shall have no obligation to provide Tenant a new lease area or relocation benefits.
Section 16. Relocation Benefits.
As further and additional consideration for leasing the Property, Tenant does hereby voluntarily and knowingly release and forever discharge Landlord, and its successors and assigns, from any and all claims or demands for relocation assistance benefits which may arise by reason of Article 9 of Chapter 4 of Division 24 of the Health and Safety Code of tlie State of California, or by reason of Chapter 16 of Division 7 of Title I of the Government Code of the State of California, or by reason of the federal act entitled "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" (Public Law 91- 646), as amended, or by reason of any law or regulation of the United States of America, tlie State of California, or the City of Richmond.
Section 17. Waiver of Claims.
Tenant hereby waives any claims against the Landlord, its officers, agents and employees, for damage or loss caused by any suit or proceedings directly or indirectly attacking (he validity of this Agreement, or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the same, or any part thereof, from being carried OUt.
Section 18. Sublease and Assienment.
18.1 Prohibition Asainstyo^^^ and
Encuiuberine. Tenant shall not voluntarily assign or encumber its interest in tliis Agreement or in the Property, or sublease all or any part of the Property, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of the Property, without first obtaining Landlord's written consent of such assignment, encumbrance, sublease, occupancy, or use, at Landlord's sole discretion. Landlord's consent to assignment, encumbrance, sublease, occupancy, or use shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance or sublease shall constitute a further waiver of the provisions of this paragraph.
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Any dissolution, merger, consolidation, or otlier reorganization of Tenant shall be RPAL PARKING LOT LEASE Page 8 of 24
deemed a voluntary assignment.
Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Agreement, a!! rent from any subletting of all or a part of the Property as permitted by this Agreement, and Landlord, as assignee and as attomey-in-fact for Tenant, or a receiver for Tenant appointed on Landlord's application, may collect such rent, and apply it toward Tenant's obligations under this Agreement; except that, until the occurrence of an act of default by Tenant, Tenant sliall have the right to collect sucli rent.
18.2 Involuntary Assignment, No interest of Tenant in this Agreement shall be assignable by operation of law, Eacli of the following acts shall be considered an involuntary assignment:
18.2.1 If Tenant is or becomes bankrupt or insolvent, makes an assignment for tlw benefit of creditors, or institutes a bankruptcy proceeding in whicli Tenant is (he bankrupt party; or, if Tenant is a partnership or consists of more than one person or entity, if another partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or
makes an assignment for the benefit of creditors.
18.2.2 If a writ of attachment or execution is levied on tliis Agreement.
18.2.3 If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Property.
An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Agreement, in which case tin's Agreement shall not be treated as an asset of Tenant. ]f a writ of attachment or execution is levied on (his Agreement, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Section 19, No Liens or Encumbrances.
Tenant shall keep the Property and Tenant's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Tenant's acts or omissions. Tenant shall have the right to contest any lien in good faith provided Tenant shall pay any judgment rendered prior to execution tliereon.
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Section 20. Events of Default.
If Tenant defaults in the performance of any of the covenants, conditions or agreements contained in this Agreement, then Tenant shall be deemed to have breached the Agreement and Landlord may re-enter and regain possession of the Property in the manner
RPAL PARKING LOT LEASE Page 9 of 24
prescribed by California law.
Section 21. Right of Entry As Aeent.
In any case in which provision is made herein for the termination of this Agreement by the Landlord or in the case of abandonment or vacation of the Property by Tenant, Landlord in lieu of declaring a forfeiture, may enter upon the Property. To such end, Tenant liereby irrevocably appoints Landlord its agent to remove any and all persons or property on said Property and place any such property in storage for tlie account of and at expense of Tenant. Tenant further agrees to hold Landlord harmless from any loss or damage or claim arising oul of the action oftlie Landlord pursuant to this Section.
Section 22. Interest on Past Due Invoices.
Sums required to be paid to Landlord hereunder not paid within fifteen (15) days after invoice is sent by Landlord to Tenant shall bear interest at the rate often (10) percent per annum from (lie date due until paid.
Section 23, Sians.
No signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Property. Tenant agrees to obtain all required City pennils before placing any signs on the property and to remove promptly and to the satisfaction of Landlord, at the cost and expense of Tenant, upon tlie expiration of the Term or any Extended Term or the earlier termination of this Agreement, any and all signs and placards placed by it upon the Property.
Section 24. Inspection ofPronertv.
Landlord or its duly authorized representative, or agents or other persons for it, may enter upon the Property at any and all reasonable times during the Term or any Extended Teim of this Agreement for the purpose of determining whether or not Tenant is complying with the temis and conditions hereof or for any other purpose incidental to rights of Landlord,
Section 25. Holdina Over.
Memorandum of Understanding Page 17 of 62
135
If Tenant holds over after expiration or termination of this Agreement without tlie written consent of Landlord, Tenant shall pay for each month of hold-over tenancy rent equal to one twelfth (1/12) annual fair market rental value of the Property as determined by (lie Landlord in its sole discretion, togetlier with such other amounts as may become due hereunder. No holding over by Tenant after the Term or any Extended Term shall operate to extend the Term or any Extended Term, Any holding over with the consent of Landlord in writing shall thereafter constitute a month-to-month lease, tenninable upon thirty (30) days written notice from eitlier party, at a monthly rental rate equal to tliat which Tenant was obligated to pay for the month
RPALPARKING LOT LEASE Tage 10 of24
immediately preceding the end of the Term or any Extended Term, together with such other amounts as may become due hereunder.
Section 26. Waiver,
No delay or omission in tlie exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver.
The receipt and acceptance by Landlord of delinquent Rent sliall not constitute a waiver of any other default, riglit or remedy provided Landlord in this Agreement. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.
Section 27. Attorneys' Fees.
Ifeitlier party commences a lawsuit against tlie other to enforce any provision of this Agreement, the prevailing party shall be entitled to such attorney's fees and costs including expert witness fees and costs, of suit as (lie court may deem reasonable,
Section 28, Nondiscrimination.
Tenant herein covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Agreement is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, sexual orientation, creed, national origin, or ancestry, in tlie leasing, subleasing, contracting, subcontracting, h-ansfemng, use, occupancy, tenure, or enjoyment oftlie Property herein leased and assigned; nor shall Tenant itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination orsegregation with reference to the selection, location, number, use or occupancy of Tenants, lessees, sublessees, subtenants, users or vendors in the Property herein leased and Memorandum of Understanding Page 18 of 62
136
assigned,
Section 29. Disclosure,
Tenant understands and agrees that tlie California Public Records Act (Government Code Section 6250 et seq.) applies to tliis Agreement and any and all records, information, and materials submitted to the City of Richmond in connection with this Agreement, Accordingly, any and all such records, information and materials may be subject to public disclosure in accordance with the California Public Records Act. Tenant liereby autliorizes the City of Richmond to disclose any records, information and materials submitted to the City of Richmond in connection with this Agreement.
Section 30. lerms^Binding on Successors.
All the terms, covenants and conditions of this Agreement sliall inure to the benefit RPAL PARKING LOT LEASE ^ Page 11 of 24
of and be binding upon the successors and assigns of the parties hereto. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment or subletting hereinabove set fortl).
Section 31. Time of Essence.
Time is expressly declared to be of the essence of this Agreement.
Section 32. Termination of Prior Lease.
In (lie event there is any prior existing lease or rental agreement between tile Tenant and Landlord covering tlie Property, it is agreed and understood that this Agreement shall terminate and expire any such existing lease or rental agreement as of the Effective Date of this Agreement.
Section 33. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person sliall be in writing and either served personally or sent by prepaid, first- class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed as follows:
Landlord; City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
AHn; City Manager
Attn: City Attorney's Office
Memorandum of Understanding Page 19 of 62
137
To Tenant: Richmond Police Activities League
2200 Macdonald Avenue
Richmond, CA 94801
Attn; Executive Director
Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within three (3) days from the time of mailing if mailed as provided in this paragraph,
REST OF THE PAGE WTENTIONALLY LEFT BLANK
Section 34. Entire Aereement.
RPAL PARKING LOT LEASE Page 12 of 24
]( is understood and acknowledged that tliere are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and ali previous negotiations, arrangements, brochures, agreements and understandings, if any, between (lie parties liereto or displayed by Landlord to Tenant witli respect to the subject matter thereof, and none (hereof shall be used to interpret or construe this Agreement. This Agreement contains all of (lie terms, covenants, conditions, warranties and agreements of the parties relating in any manner to (lie rental, use and occupancy of the Property, sliall be considered to be the only agreement between the parties liereto and their representatives and agents, and none of the terms, covenants, conditions or provisions of this Agreement can be modified, deleted or added lo except in writing signed by tlie parties liereto,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, ATTEST:
.City Clerk
Approved as to Form
City Attorney
THE. CITY OF RICHMOND, a municipal
corporation and charter city
Memorandum of UnderstandingPage 20 of 62
138
BY; TITLE:
City Manager (NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or
RICHMOND POLICE ACTIVITIES LEAGUE, a nonprofit organization, tliis Contract ( 1) must be California corporation signed by (a) the Chairperson of the Board, President BY; or Vice-President and (b) the Secretary any Assistant TITLE; Secretary, (lie Chief Financial Officer or any
BY: Assisiant Treasurer.)
Memorandum of Understanding Page 21 of 62
139
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made and entered into effective as of_, 2023, by and between the City of Richmond, a municipal corporation and charter city ("Landlord") and Richmond Police ActivUies League, Inc., a California nonprofit public benefit corporation ("Tenant"). Landlord and Tenant are referred to herein as the "Parties." A, The Parties entered into that certain Agreement to Lease dated as of March 8, 2022 (the "Existing Lease") pursuant to wliich Landlord leases to Tenant certain premises (herein described and located on tlie south side ofBissell Avenue between 22aa and 23rd Streets (a triangular remainder ofAPNs 514- 020-001 through 514-020-015). Pursuant to Section 32 of the Existing Lease, that certain Agreement (o Lease dated as of October 6, 2010, executed by and between City and Tenant was terminated as of the effective date of the Existing Lease.
B. As set forth herein, the Parties desire to amend the Existing Lease to provide for an expansion of the permitted uses upon satisfaction of specified conditions.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, tlie Parties liereby agree as follows:
1. Use ofthePronertv. Section 9.1 of (lie Existing Lease is hereby deleted in its entirety and replaced with the following;
9.1 Use ofPronertv: Richmond Tiny House Villaee Fannand Garden Project, Tenant shall be permitted to install and maintain a community garden ("Community Garden") on (lie Property and related improvements including fencing, landscaping, irrigation, lighting, and security features. Upon satisfaction of (lie conditions set forth in Section 9.5, Tenant sliall be permitted to install or construct seven (7) tiny houses ("Tiny Homes") on tlie Property. The Tin}' Homes shall be made available at affordable rent to unhoused youth age 18-24 and one onsite "Resident Manager". Kitchen, bathroom facilities, and parking will be on the Property adjacent to the Tiny Homes, Notwithstanding any contrary provision of this Lease, the Tiny Homes may remain on tlie Property for a period of twelve (12) months commencing upon the dale that tliey are installed pursuant to City permits. Wrtli City's prior written consent, such period may be extended for one additional year. Upon City's written approval, another six (6) Tiny
Homes may be placed on the Property subject to the conditions set forth in this SectronJ>J_and Section 9.5. City's issuance of applicable permits is required prior to the installation of any and all structures on tlie Property, including without limitation structures related to (lie Community Garden or the Tiny Homes.
Exhibit C oftlie Existing Lease is hereby deleted in its entirety.
ws-nu-imw
Memorandum of Understanding Page 22 of 62
140
2, Conditions Precedent. The following Section 9.5 is hereby added to the Existing Lease;
9.5 Conditions Precedent. Prior to the installation or construction of any Tiny Home on tlie Property, and prior to the installation and construction of the Community Garden, Tenant shall satisfy all of (lie following conditions:
(i) Tenant must correct all violations described in that cenain letter dated August 23, 2023, delivered to Tenant by City.
These include, witliout limitation, the requirement to obtain applicable use permits for storage facilities and community garden structures and uses.
(ii) Tenant must submit for City review and approval, a memorandum of understanding or similar agreement addressing the schedule, costs, responsibilities, and obligations of each party responsible for instatlation/construction and operation, management and maintenance of the Tiny Homes and tile Community Garden.
Following approval by Tenant's governing Board and the City, Tenant sliall deliver to City a copy of such memorandum or similar agreement executed by Tenant and all parties responsible for sucli inslallation/constmction and operation, management and maintenance. (iii) Tenant must create a site plan for tlie Property showing tlie proposed location of the Community Garden and (lie Tiny Homes, and must obtain approval of such plan from tlie City Planning Department and City Fire Department.
(iv) Tenant must submit to City for City review and
approval, a financing plan detailing a development budget, an operating budget, and identifying all sources and uses for development, operation and management of the Community Garden and the Tiny Homes.
(v) Tenant must submit to City for City review and
approval a management plan and proposed property manager for the Tiny Homes. Such plan must include identification of the proposed manager, and a plan describing tenant selection procedures, resident services, and charges payable by residents.
(vi) Tenant and all contractors and licensees, including without limitation, the entities responsible for installation/construction and management, maintenance, and operation of the Community Garden and/or the Tiny Homes, must provide evidence of insurance in compliance with the requirements set forth in Exhibit A attached to (lie First Amendment to Lease.
4895-7732-2319 v2
Memorandum of Understanding Page 23 of 62
141
(vii) Tenant must obtain all required entitlements and permits from the City Planning Department, City Building Department, and City Fire Department, and all other applicable departments and agencies.
3. Taxes. Section 6 of the Existing Lease is hereby modified to add the following sentence; Notwithstanding the foregoing, Tenant may require the
operator/manager of the Community Garden and the Tiny Homes to pay applicable taxes and assessments, but this shall not relieve Tenant of its ultimate responsibility to ensure that all such taxes and assessments are timely paid.
4. Utilities. Section 12 of the Existing Lease is hereby modified to add the following sentence;
Notwithstanding the foregoing, Tenant may require (lie
operator/managerofthe Community Garden and the Tiny Homes to pay applicable utility charges, but this shall not relieve Tenant of its ultimate responsibility to ensure that all such utility charges are timely paid.
5. Insurance. Section 14 of the Existing Lease is hereby modified to read as follows; Section 14. Insurance. Tenant, at its own cost and expense, sliall carry and maintain the insurance coverage set forth in Bxliibit A to tlie First Amendment to Lease throughout the Term and any Extended Term or other extension of the Tenn oftlie Lease, Tenant shall
provide evidence of such insurance to City prior to the effective date oftlie First Amendment to Lease and annually thereafter, Tenant sliatl ensure that all contractors, subcontractors, and licensees, including without limitation, (lie entities responsible for installation/construction and management, maintenance, and operation of the Community
Garden and/or (lie Tiny Homes obtain and maintain all applicable insurance set forth in Exhibit A to the First Amendment to Lease, and shall ensure that evidence ofsucli insurance is delivered to City prior to the commencement of any work on the Property, and annually
thereafter.
6. Existing Lease Remains in Effect. Except as modified by this Amendment, all provisions of the Existing Lease shall remain unchanged and in full force and effect.
7. Counterparts. Tliis Amendment may be executed in counterparts, eacli of which sliall be an original and all of which taken together sliall constitute one and (lie same instrument. •489M782-I319v2
W WITNESS WHEREOF, the Parties have executed this First Amendment to Lease effective as of the date first written above,
Memorandum of Understanding Page 24 of 62
142
LANDLORD: TENANT:
CITY OF RICHNOND, a California
municipal corporation and charter city
By:_
Kinshasa Curl, City Manager
Attest:
By:_
City Clerk
Approved as to form;
By:_
City Attorney
RICHMOND POLICE ACTFVITIES
LEAGUB, INC., a California nonprofit
public benefit corporation
By;_
Print
Name:
Tit1e:_
Memorandum of UnderstandingPage 25 of 62
143
Exhibit C
(Site Map Showing Project Area)
Memorandum of Understandmg Page 7 of 11
144
Exliibit C
(Site Map Showing Project Area)
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11 6!Hi!!i ^
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11' ri...-M
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; ,,,.-7°n'^4^1!svii|jrij i [! !i^ '' - '"a'^5&:^..^.^y yiiif|i: !j j L I W\ 7//JT:-"s:^sy^F<^
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Memorandum of UnderstandingPage 26 of 62
145
^
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li
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Pi
KSi3!j
|§|
I
3 I I
>1\)
s
5 ,••' "'\ffw-[^'; '<
^ y^A;l. ..,4!' '^-\
Memorandum of Understanding
146
Exhibit D
(Plans and Specifications for Tiny Houses)
Memorandum ofUnderstandmg Page 8 of 11
147
Exhibit D
(Plans and Specifications for Tiny Houses)
lull1
1111Hill111
i *
.fe!)!
I!M
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illEN!
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Memorandum of UnderstandingPage 28 of 62
148
Exhibit E
(Description of die schedule, costs, responsibilities, and obligations of each party responsible for installatiojtt/consh'uction and operation, management and maintenance of the Tiny Houses) Memorandum of Understanding Page 9 of 11
149
Exhibit E
(Description of the schedule, costs, responsibilities, and obligations of each party responsible for installation/construction and operation, management and maintenance of the Tiny Houses) Tiny Village Spirit Richmond Construction
Schedule
07/17/24
V= Volunteer- 6 hours = 1 person workday
HC= House Captain 7 hours= 1 person workday
C= Paid Consultant or Contractor
MOU and Lease Finaliza9on
Submit Work Plan to RPAL
Submit Budget to RPAL
Submit Consullant Proposals to RPAL
MOU Final Draft to RPAL
Submit MOD to RPAL for board approval
Meeting with RPAL and TVS to finalize Lease
RPAL & WS Sign MOU and Lease
TVS to issue check for Insurance Policy
Site Advance Prep AceviOes
Painting Fence Planks
Planting Fruit Trees
Week of
Start
06/17/24
06/17/24
06/17/24
06/17/24
07/01/24
07/16/24
07/18/24
07/15/24
07/29/24
01/01/24
01/01/24
02/05/2-)
Week of
Finish
07/29/24
06/24/24
06/24/24
06/24/24
07/08/24
07/15/24
07/18/24
07/29/24
07/29/24
04/15/24
02/26/24
04/16/24
Memorandum of UnderstandingPage 29 of 62
150
Permits
Submit site plan, plans, elevs for Planning Approval
Site survey verify pl & fence plan
Mechanical Engineer
Structural Engineer Yurts
Elactrical & plumbing engineers
Building permit submission
Pay Permit Fees
Clly approval (5 weeks)
Permit Approval
Phase 1 Tiny homes- 7 total
Finish construction tiny homes on site
On Site Security- Ceorge Bervin move In
Surface electrica/data distribution to homes
Water hookup to Tiny Homes
Utilities
01/15/24
01/15/24
06/05/24
06/05/24
06/05/24
06/05/24
06/05/24
07/17/24
07/17/24
08/26/24
08/28/24
08/26/24
09/30/24
09/30/24
09/30/24
01/15/24
08/26/24
06/05/24
06/24/24
06/17/24
07/01/24
06/24/24
07/15/24
07/17/24
08/2G/24
OS/26/2'1
10/11/24
09/30/24
09/30/24
10/11V24
10/11/24
09/30/24
USA Ueiity locaeon
PG&E- appllcaQon veriflcaQon
PG&E appllcaeon fee paid
TBD
01/15/24
02/12/24
,16
07/01/24
02/12/24
Memorandum of UnderstandingPage 30 of 62
151
P6&E design comple6on deadline
PG&E Agency/Pennlt approvals
PG&E Work Completed
site layout
re-check camera at sewer connecQons
Submit ApplicaOon EBMUD- Review psrlod
ApplicaSon Approved- Cost Proposal Issued by EBMUD
Payment of fee deadline for 2024 Pricing
Encroachment permit from City (by EBMUD)
Water trench and meter installaQon by EBMUD
bids/ pricing electrical
temporary water and power (T8D)
order sewer & water mils
sewer- trench
etectrical trench
lelephone/ciata/SBCurlty trench
Fence
wood fencs
finalize design approval City and RPAL
order materials
fence construc9on weekends
Gate and Slgnage Installed
04/29/24
05/06/24
05/06/24
08/05/24
08/05/24
01/23/24
06/19/24
06/28/24
07/08/24
08/08/24
08/05/24
TBD
09/02/24
09/16/24
09/16/24
09/16/24
07/15/24
07/15/24
07/15/24
07/22/24
07/22/24
09/01/24
04/29/24
07/15/24
09/15/24
08/05/24
08/05/24
06/19/24
06/19/24
06/28/24
07/22/24
09/16/24
08/19/24
09/16/24
09/30/24
09/30/24
09/30/24
09/15124
09/01/24
07/15/24
07/22/2-)
08/22/24
09/15/24
Memorandum of UnderstandingPage31of62
152
Yurts
Order Yurt
Dig foundaSons (2 weeks)
FoundaQon forms and reinforcing (2 weeks)
FoundaSon pour (1 week)
Yurt delivery
Assembly of yurt
Build out Yurts - floor, walls and MEP (8 weeks)
Install mechanical and water heater
Install equipment and appliances
Other sheds (TBD)
07/29/24
07/29/24
08/26/24
09/09/24
09/23/24
09/30/24
10/07/24
10/21/24
12/16/24
12/16/24
TBD
01/05/25
08/04/24
09/08/24
09/22/24
09/29/24
10/06/24
10/20/24
12/15/24
01/05/26
01/05/25
Toilet, Shower & Laundry Trailers
Order & pay
FabricaQon of trailers and delivery (16 weeks)
Hookup Trailer (2 weeks)
Build plarprms (2 weeks)
Build Laundry (4 weeks
Site Improvements
Walkways and ramps
07/29/24
07/29/24
08/05/24
11/25/24
12/16/24
01/06/26
10/11/24
10/11/24
02/02/24
08/04/21
11/24/24
12/15/24
01/05/25
02/02/25
01/01/26
11/01/24
Memorandum of UnderstandingPage 32 of 62
153
Plan9ng and Landscaping
2 donated cabins delivered-security & office
Paving on Parking Lot
Final InspecQon Richmond Fire
Paint Murals on Qny homes
Furniture and Room Set up
Village furniture donaSons
Matresses ordered from Matress Firm
Murphy beds Installed
Adopt a house installa©on by congrega@ons
Yurt furnishings delivered- WS
MOVE IN DAY
Grand Opening- move in early March 2025
11/01/24
12/01/24
11/01/24
11/15/24
11/01/24
01/01/25
01/01/25
01/01/25
1//6/25
02/02/25
02/02/25
12/01/24
12/01/24
11/15/24
11/30/24
01/01/25
03/01/25
03/01/24
01/01/25
01/06/25
03/01/25
03/01/25
Memorandum of UnderstandingPage 33 of 62
154
Exhibit F
(Financing plan including development budget, operating budget, identifying all sources and uses for development, operation aud management oftfae Tiny Homes) Memorandum of Understanding Page 10 of 11
155
Exhibit F
(Financing plan including development budget, operating budget, identifying all sources and uses for development, operation and management of (lie Tiny Homes) Operating Budget
Tiny Spirit Village- Richmond
EXPENSES
Personnel
subtotal salaries
taxes/benefits (23%)
subtotal personnel
Program Expenses
youth program Incentives
case management expenses
subtotal program
Operating Expenses
Site security trainees stipends sub (@$18*24hours*365)
Site security supervision contract (@$25/hr x 500 hours +23% fringe)
cleaning and sanitizlng
Site maintenance and stability
security deposit
Tialntenance/repalrs
fouth work stipends (@$18/hr x6 x3hrs/wk x46weeks)
nsurance
subtotal operating
\dminstratlve/0verhead (10%)
!^OB^s»5^/5:^:J^w/^ ^..:^
SOURCES
rental subsidies at $800 per unit (from ERF grant)
?FCY (40%) (Will apply late Summer 2024)
FY25(6
mo)
64,62!
14,86-
79,48!
1,801
4,50(
6,301
78,84(
7,62;
4,42(
12.50C
3,00(
e.ooc
7,45;
4,75(
124,581
21,03£
:.^3V}92
28,80C
92.56E
FY26
134,421
30,9r
165,33;
1,85'
9,27(
12,97i
162,41 (
15.70E
9,10;
25,75(
6.18C
12,36C
29,80£
9,78i
271,106
44,942
WSM
115.20C
179.76S
FY27
139,79'
32,15;
171,95(
1,91(
9,54;
13,361
167,28;
ie,i7£
9,37(
26,52;
6,36E
12,731
29.80E
10,07E
278.34E
46,36C
•lesieel
115.20C
185,46S
Three
year total
338,842
77,934
416,775
5,564
23,318
32,645
''108,533
39,511
22,904
64,773
15,545
31,091
67,068
24,614
674,038
112,346
m^^
259,200
457,799
Fo Be Raised 110,048 -154,452 162,997 427,498
JI ~^^^^^^^^^^^^^^^ I
Memorandum of UnderstandingPage 34 of 62
156
Opportunities
Encampment Resolution Fund- ERF- to pay for security
stipends
ERF- pay for rental assistance
ECIF - Greenhouse gas grant possibly for stipends
Capital Budget & Sources of Funds
Capital Budget*
Contractual Services and Fees (secures site/tests/contracts/policies) SJteWork/Utilitles/Electricity/lnfrastructure
Parking Lot (Village Section—7 spaces)
Kitchen Build Out/Appliances
Construction Materials (13 tiny houses, including RA house) Fence (includes mural paint and supplies)
Common Room Buildings/Yurts (including hook ups)
Landscaping/Artistic Elements
Pathways (wheelchair accessible)
Gateway/Entrances (including signage)
Restroom Trailer (Inc. hook ups and wheelchair ramp)
Security System
Murals/Art Work
Murphy Beds and Furnishings (not including in-kind donations) Donated Security Cabin (hook ups and improvements)
Project Management/Community Organizing
Total Development Costs
Contingency (@ 8%)
Subtotal
Administration/Bookkeeping (@ 10%)
TOTAL
•Assumes Founding, does not include In-Kind Volunteer Labor $ 30,000
$127,000
$ 28,000
$ 30,000
$205,000
$ 30,000
55,000
20,000
40,000
7,000
70.000
20,000
$ 15,000
$ 10,000
$ 5,000
$132,000
$824,000
$ 65,920
$889,920
$ 88,992
$978,912
Memorandum of UnderstandingPage 35 of 62
157
Exhibit G
(Management Plan for Hope Solutions
iacludmg a plan describing tenant selection procedures, resident services, and charges payable by residents)
Memorandum of Understanding Page 11 of 11
158
Exhibit G
(Management Plan for Hope Solutions
including a plan describing tenant selection procedures, resident services, and charges payable by residents)
Cam and
support
RICHMOND TINY HOUSE VIU.AGE
STAFF WORKFIOW
: Property »nd
program
; mansgemcnl
.CaseManasar.
Meet with ceildenk 1-on'l regulariy
Help reildmit identity and work toward career,
education, and financial goals; cofiniMit to personal and profcirional resources
Help rcsldonti work toward pcmunent houilng
Work with VM to screen, proceis, and (ntervfew new
residents and »taff
Work with VM to determine respomei (i.c., Tter Ifivet) to Behavior Vlotations
hclUtate RJ circles
Report CM outcomes to relevant stakchotdors
CM npcnrftBi and
ffrtnton iinldml
lud.n.
.RAind.Youth Council
• Leadctimmunrty
meetings
* Ovcnee chore groupt
Plan events
» Manage loadcrship
election?
» Advocate for rosldonls
• Gather retources
• 5St In on staff intor/tews
wllhCMandVM
• Pirtlclpale In Rl cliclci
VfUagc Manager
RESIDENT
SUPPORT,
EMPOWERMENT
AND GROWTH)
OvorsM pr&grommattc opBraUons
Interface with community piirlners and stakcholdcM
Most weekly itsK chock-ln mootingi
Collect program tees (rom alt residents
Work with CM to icreen, process, and (ntcnlcw new
residents and staff
Work with CM to dotcrmlnis nspDnies (l.e., Tlrr lcvd)
to Behavior Violations AND uphold raiponies
Participate In RJ clrclei
Manage grants and report overall outcomes to ffctcvant
itskcholdftft
I
Volunlews
OIfcr fun "clubi/ progr,imi, iictfvlttcs, and
opporlunltlci to residents
Provide support with gardening and construct i&n
Arc only pfcscftt on Village ground); wlthJn
certain hours
SM managoi and
ovtiwtftwufhy
t«wn.
Secufity team
Stall Ironl desk
Monitor who enters and exlta;;
chftcks In guests
Direct volunteers and vliftan
Perform bcdbug intake for
new residents
Respond to emergency
iltuatlons, including brca^.lni
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RICHMOND TINY HOUSE VILLAGE
RESIDENT INTAKE PROCEDURE AND MEETING STRUCTURE
Following the Inleivlsw and icmenlng procesi, VM wni schrduln th» nw* Umc lor the IIBW retldenf.
Security staff will moat tho new resident wtwn they arrive to procw their Items for bcdbug ycmnlng.
CM will mwtwlththftnew nsklwit logo ov«r and sign the
Covenant (within the Resident PfogramTMatedaU).
VM wilt meet with the new reifdant to.go over •nd tlgn tha Homing Agn»ment (within the Reildanl Program Maierlati). ; CM nfl» wtth nsiamim l«»t «vry 2 w»«lu> for r»gut»r
chack-Ini. VMmeeli with resident* each month to complete a S Certlfic»tioriof Income l<nn,»n<f as naadedlorBii'hivtbr i VtoUtlcuu.
CM »fid VM mtelweU.y to r»vlewtt»luji and progress of each mkient, ravlow IUUM, ate. VM aoct lucurity l»amTwve a
! (ttpante waldy mwyng, as do CM and rtfsldont teada».
^broader steering commttteB of Mope SoUrttom staff, T1py stAfCaikt community partnon will m*at at loatt
i .twice per month for the Village's first yesr*
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Covenant
Fundamental Belief; The fundamental belief of the Richmond Tiny House Village (RTHV) is that all young people are capable of achieving a stable and sustainable life that is healthy, meaningful, and economically secure with long-term employment and stable housing. All youth are capable of healing through a process of support, setf-underetandlng, learning, and reconciliation.
Part I: Covenant
Section I: 10 Commitments for Communal Living
Section tl; Richmond Tiny House Village Program Model
Section III: Restorative Justice Practices
Section IV; Behavior Violations
Appendix I: Community Chore Wheel Guide
Part II: Housing Agreement
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Section I
10 Commitments for Communal Living (example)
1. Practice gratitude for what you have and generosity toward those around you,
2. Treat others like they would like to be treated,
3. Assume the good intentions of others. Step back when appropriate.
4. Participate In the activities and life of the Richmond Tiny House Village and the practices of restorative justice,
5. Commit to personal growth.
6, Respect trauma. Recognize that all expressions of pain are valid.
7. Be accountable. Listen to the truth about your actions.
8. Honor the privacy of fellow participants.
9. Be inclusive.
10. Respect the physical space around your house and In the Village.
Section I fcont.)
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10 Commitments for Communal Living (example)
1. Practice gratitude for what you have and generosity toward those around you. a. Give back by investing your energy and ideas into the community.
2. Treat others like they would like to be treated.
a. Shape your behavior to be relevant to the person and the situation. Remember, your solutions are not other peoples' solutions; we all need Individual responses because we each have our own history, experiences, and personality. b. Hold space for sympathy, empathy, and compassion.
c. Meet others where they are In the moment.
3. Assume the good intentions of others. Step back when appropriate,
4. Participate in the activities and life of the Richmond Tiny House Village and the practices of restorative justice,
a. Encourage others to live a healthy and positive life. Be neighborly. Check In with others and ask how they are doing. Listen.
b. Work hard to learn and benefit from the programming of the RTHV and the guidance of staff and mentors.
c. Utilize the rasources and staff available at the RTHV. Be proactive; ask for help.
Don't avoid, procrastinate, or hang back,
5. Commit to personal growth.
a. Live a healthy and meaningful life for yourself and others. b. Create a personal growth plan; commit to regular assessment of progress.
6. Respect trauma. Recognize that all expressions of pain are valid. a. Recognize the pain, hurt, and impact of trauma on yourself and on fellow participants.
b. Be accepting as others go through the ups and downs of the process of healing, c. Listen and acknowledge. You don't have (o fix the problem; trust your fellow participant to find their own solutions,
d. Be aware of the confusing impacts of your trauma on your own behavior. Be sensitive to denial, minimizatlon, and defense mechanisms.
7. Be accountable. Listen to the truth about your actions. a. Listen to and accept the consequences of your actions and their effects on others when this is explained to you,even when It is painful to hear and acknowledge. b. Be responsible for what you should be responsible for. Don't wait for someone to tell you. Be proactive and do the right thing.
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8. Honor the privacy of fellow participants.
a. Respect fellow participants' mood of the moment. For example, if someone wants to be alone, let them have their space. Ask permission before borrowing clothes, etc.
9. Be inclusive.
a. Acknowledge and respect everyone's individual identities. Remember that we all share a common humanity,
b. Check your assumptions,
c. Ask for and use every person's pronouns. Be respectful of all identities at the Village, including transgender, nonbhary, and genderqueer identities. d. Acknowledge the privilege that you bring Into the space. e. Be willing 'to learn about cultures and traditions other than your own.
10. Respect the physical space around your house and in the Village. a. Remember that your and your peers' perception of messy and/or dirty may not be the same.
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Section II
Richmond Tiny House Village Program Model
Goal/Vision:
The Richmond Tiny House Village will holistically enable unhoused transltlonal-aged youth (ages 18-25) to achieve their career, housing, and personal goals through community support and stable housing. Through a youth-designed program, the Village environment will support and nurture Village participants while providing access to critical resources. The Richmond Tiny House Village is a transitional program where residents may stay for up to 18 months.
Outcomes:
The primary purpose of the Richmond Tiny House Village Is to foster participants' wellness and self- sustalnablllty by providing space to rest and recover, opportunities for growth, and access to resources. All participants living at the Tiny House Village have the option to enroll In local programs, where they may engage In workshops around job skills, art modallfles, healthy interpersona! relationships, restorative Justice, and more. An additional goal of the Richmond Tiny House Village is for residents to develop responsibility to the community at large, achieved through connections to local social justice projects.
Program Requirements:
All participants living at the Richmond Tiny House Village are required to do the following:
1. Meet regularly with your assigned Case Manager;
a. Demonstrate consistent and regular effort toward reaching personal development goals;
2. Participate In weekly community meetings;
3. Practice community care to maintain common spaces.
All participants also have the option to participate in voluntary clubs and other programming, participate in weekly community meals, and become a member of the Youth Leadership Council.
1. Meet regularly with your assigned Case Manager.
Participants are required to meet regularly with their assigned Case Manager to work on their personal, educational, and vocational goals. The Case Manager will; • Determine a plan for meeting at least once every 2 weeks, depending on each individual resident's goals, needs, schedule, and abilities;
• Help connect youth with resources, including other local agencies; • Help youth Identify career and educational goals to create a plan for financial Independence; • Help youth develop and work toward a plan for maintaining a stable financial situation, and permanent housing;
• Counsel youth with a harm-reduction model on issues of mental health, healthy sexuality, family planning, and interpersonal relationships;
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• Monitor youth progress toward and achievement of goals on a quarterly schedule; • Hold summary assessment conferences with other members of the case management team and other relevant figures in the resident's life such as therapists, peer evaluators, community mentors, academic advisors, and others as appropriate.
With the support of their Case Manager, each resident will develop S.M.A.R.T. goals and a service plan that will lay out concrete steps for reaching each goal. Residents must demonstrate consistent and regular effort toward reaching their personal development goals. For example, this could look like: attending a job training program three days a week, attending weekly therapy groups, enrolling In evening college or trade school classes, working a Job, and so on,
2. Participate in weekly community meetings.
Participants are required to attend community meetings once a week in the spirit of cooperative living. Participants will take turns facilitating the meeting and taking notes. Participants may change and amend the format as needed, covering the following topics; • An opening question and time for participants to check in; • An opportunity to share personal and communal successes and challenges from the previous week;
• Management and care of communal resources like space and food; • Events and "fun stuff' participants choose to host for each other or the larger community, It may be helpful to set aside time at the end of each community meeting for residents to meet with just each other, without staff present.
3. Practice community care to maintain common spaces.
Participants will collaboratively create a chore wheel that will rotate weekly (see (he attached guide in Appendix I as a resource for designing the chore wheel). Participants will also create a public sheet where each chore can be Initialed when complete. All participants must engage in community care - Ie., completing chores - for a minimum of two hours per week each (or, about 15 minutes each day).
Youth Leadership Council:
A Youth Leadership Council of at least two residents, the Resident Assistant, and other relevant Village staff such as the Case Manager and Program Manager will meet eveiy two weeks to help manage the needs of the Village. Every three months, Village staff and residents will elect new Council members. Members of the Youth Leadership Council will be responsible for the following:
Ensure facilitation of weekly community meetings;
Oversee weekly chore groups. Account and report weekly chores to ths Program Manager; Alongside staff, participate in interviews with new residents and offer feedback; Advocate on behalf of the RTHV residents to the Program Manager and other staff as needed. Act as a liaison between the Village residents and staff; Participate in restorative justice circles when appropriate; Plan and advertise Village events;
Check in about the functioning of the Village regarding chores, cleanliness, and more; Memorandum of Understanding Page 43 of 62
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Manage quarterly Leader Council election process;
Mobilize resources and opportunities for the Village's communal growth.
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Section III
Restorative Justice Practices
The following summary and highlights of restorative justice practices are citations taken from Teaching Restorative Practices with Classroom Circles, by Amos Clifford (from the Center for Restorative Process, developed for the San Francisco Unified School District). We recognize that restorative Justice practices and Ideologies have roots in cultures indigenous to the Americas and other regions, and we are Indebted to these communities for their wisdom.
Restorative justice is a framework for strengthening the Richmond Tiny House Village community culture. Restorative justice practices are not designed solely for responding to harmful behavior.
Rather, restorative justice (RJ) Is first and foremost a comprehensive set of practices and values that build a supportive community culture. All community members can benefit from continually practicing the principles of RJ in daily life.
Restorative justice practices are a framework for two fundamental purposes:
1. Building community;
2, Responding to challenging behavior, coming to an understanding through authentic dialogue, and making things right.
Restorative practices cultivate an environment In which everyone feels that they belong, They build a strong sense of community in which every member - including residents, professional staff, community volunteers, partner agencies, and others - feel that they are seen, heard, respected, and valued.
Restorative justice goals for the residential community; • The residential community will have established agreements about how to participate in restorative circles.
• Community members will share a sense of responsibility for maintaining agreements.
Members will do so proactlvely during circle time, and during their day-to-day life in the community.
• The community will identify specific issues to address and will have honest, authentic discussions about these issues.
• Procedures will be established for calling attention to Issues and conflicts, and for requesting help In navigating these.
• Procedures will be established for engaging In restorative dialogues around issues and conflicts.
* It will be emotionally, psychologically, and physically safe for residents to share concerns about conflicts, issues, and behaviors that are affecting them. • There will be active participation by residents in circle dialogues, with little or no passive behavior.
Restorative practices and the skills of circle-keeping:
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When people come together for restorative interactions, they sit in circles. Holding circles is a fundamental element of restorative dialogue, When we sit In a circle, we experience a stronger sense of community. In RJ circles, a talking piece is often used to encourage thoughtful and active listening; this is an object that is passed around the circle and is held by whomever is speaking at the moment. Every person in the circle shares responsibility for its functioning. Circle culture is more "yes-and" than "either-or." Each person takes the lead each time It Is their turn to speak. While some guidelines are given, the group makes its own agreements. Decisions are made by consensus of the whole group; sometimes (his means decisions come slowly or take unexpected forms.
Thus, one of the main purposes of circle dialogue is building community. Another purpose is to support the kinds of honest, authentic conversation that is necessary to effectively respond to challenging behavior and circumstances. These two Intentions for circles take shape as two different types of circles: community-building circles and responsive circles. A premise that runs throughout this manual is that responsive circles (for responding to harmful behavior) work best in settings where a foundation has bean developed through communlty-building circles.
Respecting each person's experience - the principle of non-interference:
The principle of non-interference means that we simply welcome what people say without trying to influence them. If someone Is in pain, we listen and allow simple listening to be a comfort; we do not try to iake away their pain. If someone is confused, we simply listen and trust that in its own way the circle will provide clarificafion. If someone is angry, we honor their anger. We don't Indulge in psychological maneuvers. We don't directly correct, try to counsel, heal, or "fix" anyone's experience in any way. We simply listen.
This principle, so very important in building a community where people feel safe to express themselves, also applies to restorative dialogue. When we ask questions and move conversations in restorative ways, we are not trying to force an outcome. We are simply giving a structure to the circle so that each person's voice can be heard. When a1) voices are in the center, the circle has a way of surfacing what is true, what is needed, and what to do next.
Restorative circle guidelines:
There are standards for behavior In circles. One of the primary tasks of a circle leader is to teach, reinforce, and act as guardian of these standards, From long experience with many types of circles in many settings, the community of circle keepers has settled on four core guidelines;
1. Speak from the heart: This means speaking for yourself and talking about what Is true for you based on your own experiences. When we speak from the heart we are aiming for eloquence, and are choosing words that accurately communicate what we hold to be important,
2. Listen from the heart: We are used to judging other people. Sometimes we will make assumptions about another person without knowing anything about them. These assumptions can keep us from really hearing what they have to say. So, when we listen from the heart, we are trying to set aside any judgements or preconcelved notions we may hold about the person. This opens up the possibility of making wonderful discoveries about, and surprising connections with, each other.
3, No need to rehearse: In circles, we discover that we can trust that we will know what to say when it is our turn to speak. We don't have to mentally rehearse while we are waiting for the talking piece to come our way. Whsn we find that we are rehearsing (as everyone does) we Memorandum of Understanding Page 46 of 62
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gently remind ourselves that there is no need to rehearse and bring our attention back to the person who is speaking. This guideline is sometimes referred to simply as "be sponlaneous,"
4. Without feeling rushed, say just enough: Keep in mind the limits of time and make room for everyone to speak. This Intention is also called "lean expression." It is related lo "speak from the heart" because we often find that when we speak carefully, we can express ourselves with fewer words than we would normally use, and that when we do, our words often have more impact. One way to think about this Is to ask yourself, when you are considering what to say, "will my words serve this circle in a good way?" Memorandum of Understanding Page 47 of 62
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SectionlV
Behavior Violations
As the severity of the following behavior Violations may be arbitrary and open to Interpretation, the Tier under which a Violation falls and the appropriate response will always depend on the level of harm caused and perceived severity as determined by RTHV staff. These behaviors constitute a Violation whether they occur at the Richmond Tiny House Village, at a partner program, or off-slte If they cause harm to another resident or staff member.
Tier 1
Tier 1 Violations:
Behaviors that fall under this Tier Include but are not limited to the following. These behaviors are only considered a Violation If they are repeated and the participant is not open to redirection. • Failing to complete program requirements 2 and 3 (as described In Section II) for at least two weeks in a row.
• Not meeting unit cleanliness standards and other standards of behavior as described in the Housing Agreement.
Raising your voice at another participant.
Threatening or trying to provoke violence.
Intentionally misgendering other residents (i.e., using incorrect pronouns).
Ignoring "one-mlc" reminders (i.e., talking over others).
Not cleaning up properly in common spaces,
Being disruptively loud.
Having an attitude toward staff or other participants.
Dominating conversations without making space for others to speak.
Cell phone usage during workshops or community meetings (if being on the phone is necessary and urgent, please communicate that with the group and quietly step ou(side).
Inappropriate public displays of affection, levels of nudity, or lack of clothing.
Any act resulting In the destruction, defacement, damage, impairment, or removal of any part of the property, including walls, ceilings, and floor coverings, and the furniture, fixtures, and furnishings of the property.
• Being noticeably intoxicated In a common space, or not adhering to the guidelines set forth in the Substance Policy (see Housing Agreement),
Tier 1 Repercussions:
These Violations will be addressed through a communlty-based restorative justlce-style circle of peers with any other residents that were harmed by this resident's actions in order to work toward healing any harm that was caused, facilitated by at least one staff member. This conversation may gh/e rise to other suggested consequences and supports, such as doing community service (l.e., helping out with extra chores), attending support groups, etc. If three Tier 1 Violations are accrued, a Tier 2 Violation should be incurred In place of the third Tier 1 Violation. In this way, Violations "stack" upon each other.
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When exhibited for the first time, any of these behaviors may be grounds for a warning rather than a formal Violation, depending on the level of harm caused and perceived severity as determined by RTHV staff.
Tier 2
Tier 2 Violations:
Behaviors that fall under this Tier include but are not limited to the following. • Not maintaining the perceived and actual physical safety of others. Everyone has a right to move freely through the space and feel safe from serious physical altercations, Altereations that would constitute a Tier 2 Violation include but are not limited to; fistfighting, wrestling, headbuttlng, slapping, blocking, pushing, shoving, and throwing things. Violations also include bringing a weapon to a common space, Whether this Violation falls under Tier 2 or Tier 3 depends on the level of harm caused and perceived severity as determined by RTHV staff,
• Not maintaining the perceived and actual psychological safety of others. Everyone has the right to feel that their ideas will be respected. Behaviors that would constitute a Tier 2 Violation include but are not limited to: using discriminatory or offensive language regarding someone's identity, coercion, manipulation, bullying, or forcing someone to do something they're not comfortable with.
• Stealing money or property from other participants, staff, or visitors. • Sexual harassment, including but not limited to unwanted romantic and sexual advances.
Whether this Violation falls under Tier 2 or Tier 3 depends on ths level of harm caused and perceived severity as determined by RTHV staff,
Tier 2 Repercussions:
These Violations will be addressed through a community-based restorative justice-style circle of peers with any other residents that were harmed by this resident's actions In order to work toward healing any harm that was caused, facilitated by program staff. This conversation would be more serious than a circle resulting from a Tier 1 Violation and would include the resident's Case Manager, the Program Manager, and any additional people from the resident's support team. This conversation may give rise to other suggested consequences and supports, such as doing community service (l.e., helping out with extra chores), attending support groups, etc. If three Tier 2 Violations are accrued, a Tier 3 Violation should be incurred in place of the third Tier 2 Violation; this is considered grounds for exit from the program.
Tier3
Tier 3 Violations:
Behaviors that fall under this Tier Include but are not limited to the following. • Sexual violence including but not limited to: any form of sexual assault, including but not limited to touching, grabbing, or groping someone's private areas; unwanted kissing; Memorandum of Understanding Page 49 of 62
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exposing yourself; and making vulgar verbal propositions, Whether this Violation falls under Tier 2 or Tier 3 depends on the level of harm caused and perceived severity as determined by RTHV staff.
• Serious physical violence and altercations. Whether this Violation falls under Tier 2 or Tier 3 depends on the level of harm caused and perceived severity as determined by RTHV staff, • Using any weapons on another resident, staff member, or visitor.
Tier 3 Repercussions:
These Violations are considered grounds for exit from the program.
Please sign below to confirm that you have read and understand the terms and agreements laid out in this Covenant.
Participant Signature:
Date:
Appendix I
Community Chore Wheel Guide (example)
Daily Chores:
• Bathrooms:
o Wipe down the mirror and sink in bathroom 1 .
o Sweep the floor in bathroom 1.
o Wipe down the mirror and sink In bathroom 2.
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o Sweep the floor in bathroom 2.
• Kitchen/dining area:
o Wipe down all surfaces, including the stovetop, sink, counters, and eating surfaces. o Sweep the kitchen floor.
• Living room/maker space:
o Sweep the floor In the living room/maker space.
o Straighten up books and other items stored in the living room/maker space. • Common outdoor spaces:
o Sweep the house walkways in quadrant 1.
o Sweep the house walkways in quadrant 2.
o Sweep the house walkways in quadrant 3.
o Sweep the house walkways In quadrant 4.
» Miscellaneous:
o Water the plants in quadrant 1.
o Water the plants in quadrant 2.
o Water the plants in quadrant 3.
o Water the plants in quadrant 4.
o Water the plants In ths center of the Village; this includes the plants on the trellls, and those that surround the two yurts.
Weekly Chores:
• Bathrooms;
o Scrub the toilet in bathroom 1. Wipe down all surfaces of the toilet. o Mop the floor in bathroom 1,
o Scrub the toilet in bathroom 2. Wipe down all surfaces of the toilet, o Mop the floor In bathroom 2.
• Kitchen/dlning area:
o Mop the kitchen floor.
o Organize the fridge; dispose of visibly bad, rotting, or over-expired perishable food, o Wipe down the shelves and drawers inside the fridge.
o Roll frash and recycling cans out to the dumpster enclosure and empty them. • Living room/maker space;
o Mop the floor In the living room/maker space.
o Vacuum the couches in the living room/maker space.
• Common outdoor spaces;
o Sweep the labyrinth with the Industrial broom.
Housing Agreement
The overall goal of the Richmond Tiny House Village Is to support participants in developing a stable foundation to work toward building a healthy, meaningful, and economically secure lifestyle, As a core component of this program, participants work closely with their Case Managers and other staff to develop an individual plan to find housing, develop good credit history, gain or increase their income, improve or maintain health and mental health, and move toward self-sufficiency and independent living.
The length of your stay is determined by your engagement In the process of working with staff to find permanent housing and increase your resources.
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Participants in the program are partners in a shared living environment designed to foster cooperation and mutual support among unhoused young adults working to transform their lives. The Richmond Tiny House Village is committed to creating and maintaining a healthy, safe, and constructive living environment for all participants.
. (your name), referred to throughout this document as
"participant," agrees to the following terms and conditions upon being accepted into the Richmond Tiny House Village program. For purposes of this Housing Agreement, the term "participant" also shall include any guest of said participant.
RENTAL UNIT: The Housing Agreement is entered Into on _ (date), by and between Hope Solutions ("program provider") and _ ("participant"), hereinafter referred to as the "parties." This Housing Agreement is made under the declarations made and the terms set forth below.
The program provider agrees to assign unit number_ ("unit") to the participant In the Richmond Tiny House Village property located at 175 23rd St. Richmond, CA 94804 in Contra Costa County ("property"). Nothing in this Housing Agreement will give the participant rights to the following parts of the property: other participants' tiny house units, other particlpanls' storage, and separate rooms or storage areas labeled "staff'. The program provider shall separately assign other participants' units.
The participant shall Jointly occupy the property with fellow partia'pants.
TERM; This Agreement will begin on _ (date), and will continue on a month-to- month basis until terminated by either the participant or the program provider for any Justifiable reason outlined In this Agreement. The term will continue no longer than _ (date).
The prorated program fee for the first month will be $ _, which was calculated on a per-day basis, using _ days per month.
The term shall not commence until the following conditions have been satisfied:
a. The participant shall have satisfied the security deposit requirements (see "Security Deposit" below).
b. The tiny house unit shall have been vacated by the previous occupant. The program provider hereby represents to the participant that to the best of the program provider's knowledge the unit will be vacant on the date set forth In this section of the Housing Agreement, In addition, the program provider shall diligently seek to cause the unit to be vacant as of the date set forth in this section. However, if despite the program provider's diligent efforts the previous occupant has not moved out of the unit by the date set forth, then the program provider shall not be in default under this Agreement, but the participant shall have no obligation to pay rent until the unit Is vacant and made available to the participant.
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LENGTH OF TENANCY: The participant is granted a month-to-month tenancy to dwell in the property at the following address: 175 23rd St. Richmond, CA 94804, unit _. The overall property, including the tiny houses, living room and kitchen yurts, storage areas, and bathrooms are referred to as the "property." The living room and kitchen yurt, storage areas, and bathrooms on the property, henceforth referred to as "community areas," are common areas to be used by other program participants residing on the property as well as Richmond Tiny House Village staff conducting program business. Participants do not have exclusive use or right of possession of these common areas.
Participants understand that the Richmond Tiny House Village Is a transitional - not permanent - housing program.
PROGRAM FEE; Program fees are due on the first day of each and every month. Per this Housing Agreement, the program fee is set at $ _ per month, beginning on _ and made payable to Hope Solutions. Payments may be delivered to the drop box located at the property, or may be hand-delfvered or sent by U.S. mall to: 175 23rd St, Richmond, CA 94804.
CHANGES IN PROGRAM FEE; The participant Is obligated to immediately report all increases in income, and the participant's program fee may be increased pursuant to the Certification of Income by Tenant/Household attached to this Housing Agreement, In addition, the participant may report any decrease in income and the program provider may decrease the program fee due from the participant in accordance with the standards set forth in the Certification of Income by Tenant/Household and in this section. The participant's reporting of any decrease In income shall be made in writing to the Program Manager.
Within 30 days following notice by the participant to the program provider of a decrease in the participant's income, the program provider shall verify such decrease in accordance with standard program fee verification procedures,
If the program provider has verified such decrease and the program provider has reasonably determined that such decrease In Income will last for more than two months, the program provider shall reduce the participant's program fee (and. such reduction shall commence as of the date that the participant provided written notice of the actual decrease in the their Income). If the participant's income will be fully restored within two months, the program provider may not make any changes to the participant's rent.
SECURITY DEPOSIT: The participant shall pay a security deposit In the amount of $100.00 to the program provider prior to occupying the assigned unit. If the participant is unable to pay the total amount of the security deposit upon execution of this Housing Agreement, the program provider may work with the participant to set up a payment plan.
Within three weeks or 21 days from final move-out by the participant, after the end of the term, the program provider shall return the security deposit to the participant, less any amounts that the program provider is entitled to retain (together with an Itemized statement of such amounts, as required by California Civil Code Section 1950.5). The program provider will request that the participant participate Memorandum of Understanding Page 53 of 62
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In a move-out inspection at a time that is convenient and reasonable for both parties, and the program provider recommends that the participant Is present for such inspection.
NON-SUFFICIENT FUNDS CHARGE; If any personal check paid by the participant Is, for any reason whatsoever, returned unpaid by the bank, the participant shall pay the program provider $15.00 for each dishonored bank check and the program provider may require that all subsequent payments for the participant's occupancy of the unit (Including the payment necessary to replace the dishonored check) be in the form of a cashier's check or money order for the nexl year of participation.
LATE CHARGE: Rent Is considered late If paid any time later than the tenth day of any month during tenancy. This ten-day period is not a grace or cure period, and the program provider is entitled to make a written demand for any unpaid rent on the first day after the due date. The participant shall pay the program provider $10.00 for each late rent payment.
COMPLIANCE WITH HOUSE RULES AND REGULATIONS; The participant shall comply with this Housing Agreement, with the attached Covenant, and any changes to the Housing Agreement that the program provider may adopt with written notice of 30 days. The participant shall be responsible for the actions of their guests or visitors to the property at any time they are on the property.
COMPLIANCE WITH LAWS; The participant shall comply with all state, local, and federal laws and all governmental requirements relating to the use of the property. The participant shall not use the property In such a manner as to violate any governmental requirement, including laws prohibiting the use, possession, or sale of illegal drugs. The participant shall not commit waste or cause or permit any nuisance In or around the property.
OCCUPANTS: The participant shall use the property exclusively as the primary residence of the participant and shall continuously occupy the unit as their sole and primary residence. The unit will be occupied only by the participant. The participant shall not assign or sublet any portion of the property to anyone. The participant shall not give accommodation to any roomers or lodgers. The participant may have guests at the property only in accordance with the Guest Policy In this Housing Agreement.
QUIET HOURS; All participants shall observe quiet hours between ths hours of 10:00 pm and 8:00 am, During these hours, participants may come and go from the property and common areas as they please, but shall make a concertsd effort to do so quietly, without disturbing the rest of other participants.
GUEST AND OVERNIGHT PASS POLICY: Daily visiting hours are from 10;00 am - 8:00 pm. Guests are not allowed until the participant has been engaged in the program for a minimum of four weeks. All guests must sign in and obtain a guest badge from the on-duty staff person upon entering the Richmond Tiny House Village, and must sign out when they leave. Upon first visit, all guests must read and sign a Guest Community Covenant. Guests need to be accompanied by their host resident at all times.
Richmond Tiny House Village staff reserve the right to ask any guest behaving In an unsafe or harmful manner to leave the property immediately. Children or minors visiting the property must be supervised Memorandum of Understanding Page 54 of 62
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at all times by an adult. The participant Is responsible for any damages caused by their guests. The participant shall be responsible for repair charges, If any.
There may be up to six total guests on the property at any time on a first-come, first-served basis.
Residents must give the Village Manager 24-hour notice before guests arrive and indicate their Intended length of stay so that staff can ensure that there will not be more than six guests on-site at a time. Overnight guests are not allowed to stay longer than one night per week and not more than four nights total within a one-month period. One may be considered a consistent guest if they have visited the Village at least eight times over a two-monfh period. Village staff may give written permission for such a guest to stay up to two nights per week and not more than eight nights within a one-month period. Village staff reserve the right to limit the number of guests or deny overnight guests.
If a participant brings a guest and fails to have that guest sign in or deliberately has them stay more nights than the allowable limit, that participant will lose guest privileges for a minimum of one month from the date of the incident. The participant shall be fully responsible for the conduct of their guests and invitees. If a guest violates any term of this agreement, It is up to the discretion of the Program Manager to determine an appropriate means of addressing the situation, which may Include that guest being prohibited from returning to the Village.
Residents may request an overnight pass from the Program Manager to stay elsewhere overnight.
Residents may not be granted more than one overnight pass per week, and no more than four overnight passes total within a one-month period. At staff discretion, exceptions may be made for special occasions and holidays.
SECURITY/ACCESS; Key codes are for use by participants only. The participant must not give their key code to guests or make copies of any keys to on-slte spaces without written approval from the program provider. The participant must not leave property entrances propped open or ajar, or otherwise give access to anyone not authorized to enter the property. The participant must always lock the front door to their unit when leaving the premises.
For emergency and inspection purposes, the program provider will retain the key code to the property and each of the units. If Village staff are required to respond to a participant lock-out after hours, there will be a $5.00 lookout charge. There will be no charge for the first lock-out during standard business hours, but thereafter a $5.00 lookout charge will apply.
The participant shall not change, alter, or re-key the key codes or locks of any door or gate at the property or to their assigned unit. The participant shall not install any burglar alarm or other security device at the property or In their unit without the prior written permission of the program provider, Participants must meet their guests at the front gate of the property. Participants are not pennitted to give key codes to guests. Common doors and gates shall be closed after entering or leaving the building or property. Unit doors shall remain closed and locked when not occupied, SECURITV CAMERAS AND VIDEO RECORDING: In order to help maintain the safety of the Village residents, security cameras are mounted on the outside of the Village gates, and within the Village in Memorandum of Understanding Page 55 of 62
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community areas, including the Farm and Garden. There is constant video recording of activity that happens oulslde the Village gate, including people entering and leaving the front door, and within the Village, Including activity within the community areas and pathways to and from them. Participant consents to limited use of thetr images for security purposes only.
MAINTENANCE: On the first day of the term, the parties shall complete and sign the Move-tn/Move- Out Inspection Form attached to this Housing Agreement. The completed Move-ln/Move-Out Inspection Form shall contain a complete list of all components included in each unit as of the flrst day of the term.
The parties shall ensure that all componsnts included on the Move-ln Inspection Form are clean and in good working order and repair as of the first day of the tenn.
The program provider is responsible for keeping the property habllabie, safe, sanitary, and in compliance with ad state and local housing, building, and health requirements. Furthermore, the program provider is responsible for maintaining mechanical equipment and utilities In good operating condition.
The participant shall keep the community areas and their unit, Including all components and appliances, clean and sanitary, aside from wear and tear caused by normal use. The participant shall be jointly responsible for the upkeep of the community areas. The participant shall use all program-provided components and appliances only in the manner intended by the manufacturer. For example, the participant shall not use the stove for heating, or use the refrigerator for cooling.
The participant shall not make any alterations or modifications to the unit or the property without written prior approval from the program provider. The participant shall not paint, paper, or otherwise redecorate or make any alterations to the unit or the property without prior written approval from the program provider. The participant shall not commit any act resulting in the destruction, defacement, damage, impairment, or removal of any part of the property, including walls, ceilings, and floor coverings, and the furniture, fixtures, and furnishings of the property (nor allow a guest to do so), or do any other act defined In California Civil Code Section 1941.2.
The participant shall promptly notify the program provider if they become aware of any maintenance problem or repair needed in the unit, community areas, or any other part of the property, The participant shall be responsible for the cost of any maintenance of the unit or the property where the need for the maintenance, repair, or replacement is caused by the negligence, wrongful act, or omission of the participant or the participant's guests. If a participant or Village staff member has concerns about the maintenance or safety of the unit, a repair person will be contacted, and 24-hour notice will be given for a repair person's entrance.
The participant agrees to leave their assigned unit, including all components and appliances, in the same condition as on the first day of the term, aside from normal wear and tear. The participant shall be responsible for damages to the property and any equipment or furnishings contained therein that were caused by the participant's negligence or wrongful act, or that of the participant's guests. The participant will receive a Participant Repair Receipt for the cost associated with repairs that are needed.
This outlines costs that the participant will need to pay In full. If the participant is unable to pay said Memorandum of Understanding Page 56 of 62
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costs at the time of notice, the program provider may work with the participant to set up a payment plan.
ANIMAL POLICY; Participant must provide proof of registry as an Emotional Support Animal (ESA) or therapy/sen/lce animal for any animal residing at the Richmond Tiny House Village. All animals must be registered with Village staff at the time of move-in using the Animal Registry Form, and all new animals that the participant obtains during their tenancy must be approved and registered before they are Introduced to the space. Animals are the sole responsibility of the participant and participants are expected to ensure that their animals are adequately trained for community living. All animals must also have records of up-to-date shots and must be spayed or neutered. There may be a total of three dogs and five cats altogether living on-slte at a given time. Each participant may have up to one dog or one cat maximum at a given time, as long as the total number of animals on-slte does not exceed the aforementioned amount (pets will be allowed in on a first-come, first-served basis). All cats must be outdoor-friendly, and litter boxes must be stored underneath the cat owner's unit. All dogs must be leashed when outside their owner's home, The fire road behind the property may be utilized as a space to let dogs off-leash, and as an area for animals to relieve themselves. Any animal waste inside the property and on the fire road must be scooped and disposed of immediately. Participants cannot leave their dog(s) unattended in thetr tiny house for longer than two hours. If a participant plans on leaving their unit or the property for longer than two hours and is unable to bring their dog with them, they must arrange for either another participant or a Resident Assistant to periodically let their dog outside to relieve themselves while they are gone.
If any dog hurts another participant, staff, guest, or participant's pet, those Involved may request that Village staff hold a mediation with the affected parties, which may Include the larger Village community if a serious Incident occurs. If the dog Is deemed unsafe to continue living in the Village, the program provider has the authority to require (he dog to leave the Village. As required by law, Village staff may notify Animal Control of any Incident Involving serious injury.
APPLIANCES: Participants may not keep or use any electrical appliances that are heat-generating in their unit. This includes but is not limited to; mini fridges, microwaves, coffee makers, electric tea kettles, hot plates, and induction burners. Additionally, participants may not smoke, burn candles, or bum Incense (including sage or cedar) in their unit as it poses a firs hazard, All lights must be turned off when participants are not in their homes, for energy use responsibility and Ore safety.
SELF-DEFENSE TOOLS: Participants who own self-defense tools are required to hand these to Village staff upon entering the Village property; these will be stored in a lock-box In the staff office, and will be given to participants upon request when leaving the property. Self-defense tools that are approved to store on-site are pocket knives with blades less than 7 inches in length, mace,or any keychain self-defense tool. All self-defense tools must be approved by Village staff before they are allowed on-site.
FOOD; Participants are expected to eat all meals either outside their house or In one of the communal spaces. Participants are allowed to eat snacks in their unit as long as food is stored properly and food waste Is managed appropriately. Village staff have discretion to determine whether an individual resident's food management within their unit does or does not meet program expectations.
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PEST CONTROL: Participants shall Immediately report any and all pest problems in their unit or at the property to the program provider, Participants shall allow the program provider's pest control service provider to inspect and apply pest control treatment inside the unit upon receiving 24-hour notice, UTILITIES: The program provider shall be responsible for arranging and paying for the following utilities: electricity, water, sewer, Internet, and trash services for the property. Cable TV satellites and wiring individual units for cable and Internet are prohibited.
RIGHT OF ENTRY AND INSPECTION: To protect the safety of all participants, the property's community areas, and the integrity of the program, Richmond Tiny House Village staff retain the ultimate right of control and access to the property. Village staff may enter the property's common areas at any time to conduct program business. The program provider shall have the right to enter the participant's unit with 24-hour advance notice for the following purposes:
a, To make necessary and agreed-upon repairs, alterations, or improvements; b. To conduct an Initial inspection prior to participant's move-out date; c. To conduct inspections as required by funders or regulatory agencies; d, To show the property to a prospective participant after the participant currently occupying the unit has delivered to the program provider a notice of termination of this Housing Agreement; e, If the program provider believes that the participant has abandoned or surrendered the unit; f. If the program provider Is acting pursuant to a court order.
If a participant Is present and consents to the program provider's entry at the time of entry, or in cases of emergency situations - ie., if the program provider believes that a participant's health, safety, or welfare is Immlnently at risk, or has reasonable suspicion of the possession of any weapons or drugs that are illegal for that participant - the program provider shall have the right to enter the property or the unit without advance notice to the participant and such entry will not be in default of this Housing Agreement.
The program provider shall have the right to enter the property and unit with advance notice of 72 hours to conduct a standard quarterly cleanliness and maintenance inspection of the unit. This is to ensure that the unit meets program cleanliness standards (ie., no pests, no rotting or pest-attracting food, no mold, no human or animal wastes, etc.). If the unit does not meet these cleanliness standards during a unit check, the participant will be issued a warning. Failure to meet these standards after an Initial warning will be considered a Behavior Violation and will be met with the appropriate consequences (see Section IV of the Covenant). More frequent inspections may be scheduled by Village staff on an as-needed basis. Village staff and participants may agree orally to staffs immsdiate entry, or entiy at a specific date and time in the future, to make agreed-upon repairs or supply services, in which case no written notice will be required.
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WELLNESS CHECKS; Village staff may make daily wellness checks, which would Involve knocking on participant doors and performing a verbal wellness confirmation. If It Is noted by on-site staff that a participant is on-site and not in any common spaces, and has not responded to wellness check knocks for two days, this may result in Village staff unlocking the door and looking inside without entering to make sure the resident Is safe.
SUBSTANCE POLICY: At the Richmond Tiny House Village, we are committed to respecting each resident's personal choices around substance use. We acknowledge the need to balance both the importance of individual autonomy and responsibility to one's community. Residents are to be especially mindful of other residents that are committed to sobriety and abstinence from substance use.
When illegal substances are used In a community setting, there are often negative impacts that extend beyond the individual using them. There is not only greater potential for harm In the community, there Is greater likelihood for police intervention and increased liability for the program and its funding sources.
At the Richmond Tiny House Village, residents who are over 21 years of age and therefore legally allowed to use tobacco or cannabis products may use them in the property's designated smoking area or off-site at least 25 feet away from the property perimeter. Residents under 21 years of age are not permitted to use or store substances of any kind (Ie., cannabis, alcohol, tobacco) on-site, as it presents a liability issue. Residents who are over 21 years of age may store cannabls and tobacco in their unit, but they are NOT allowed to use these substances anywhere on-slte other than designated smoking areas. Residents of any age may not store or use alcohol on-slte, including In the designated smoking area. No cannabls or alcohol use Is permitted in the parking lots, on the fire road, or within 25 feet of the Village perimeter. Residents may not share tobacco, cannabls, or alcohol with any resident or guest who is under the age of 21.
When residents return to (he Village after having used substances, they are to be mindful of the Impact that their substance use has on other residents, particularly residents that are trying to stay sober. In these circumstances, residents are strongly encouraged to remove themselves from a public space if other residents feel that their presence there is harmful.
Residents may store and use their own prescription medications (as prescribed) on-site. No residents may store and use prescription medications that are not prescribed to them on-slte.
Drugs (such as cannabis) may not be grown on-site.
No drugs that are illegal for everyone or considered "hard" substances are allowed to be stored or used on-site. The use of these substances puts residents and the community at greater risk of harm, and our community goal is to cultivate an environment that's safe for everyone. While we cannot meet everyone's individual needs around substance use, we are committed to creating a self-empowered community environment that Is as safe and healthy for everyone as possible, DEFAULT OR TERMINATION: A participant may terminate this agreement by providing 30 days written notice to Richmond Tiny House Village staff. Such notice Indicates that the participant agrees to Memorandum of Understanding Page 59 of 62
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vacate the unit no later than 30 days after such notice, remove all personal property, and leave the unit clean and In good condition.
Richmond Tiny House Village staff may terminate this Housing Agreement and a participant's tenancy if the participant violates the terms of this Agreement, the accompanying Covenant, or any amendments to this Agreement (see Section IV of the Covenant).
If a participant violates any terms of this Agreement, the accompanying rules and regulations, or any amendments to this Agreement, their actions will be addressed by Village staff. If appropriate, the participant will be given the opportunity to resolve the issue by participating in a restorative process (see Section IV of the Covenant). If the harmful behavior Is non-negotlable (see Tier 3 of Section IV of the Covenant for a list of non-negotiabte behaviors), or If a satisfying conclusion Is not reached through a restorative process, the participant shall permanently leave the property and remove all of their belongings within 30 days. If the participant does not leave the property by the end of the 30-day notice period, the program provider will file and pursue an Unlawful Retainer action against the participant to regain possession of the unit and property.
SERVICE OF NOTICES: Any notice to Richmond Tiny House Village staff must be In writing and either sent by U.S. mail to 175 23rd St. Richmond, CA 94804 or personally served to the Program Manager.
ABANDONMENT OF UNIT: If a participant is staying off-site for more nights than allowed in the Overnight Pass Policy, the participant will receive a Tier 1 Violation, In accordance with Section IV of the Covenant. If a participant is found to have not been on-site for more than 24 hours with no pass and no notice of an emergency situation (such as hospltallzation or incarceration), Village staff will attempt to contact the participant and emergency contacts Immediately. If It Is found that the participant is consistently staying in a different location, staff will work with the participant to address barriers to living at the Richmond Tiny House Village. If arrangements cannot be made to make it feasible for the participant to stay at the Village for six nights a week at minimum (as laid out in the Overnight Pass Policy), alternate housing services may be sought by Village staff. If a participant fails to communicate with staff but is consistently staying elsewhere, their unit may be considered "abandoned" and will be turned over by staff; the participant in this case would be considered exited from the program.
ABANDONED PROPERTY; The participant is responsible for removing all of their belongings from the unit and property immediately upon termination of this Agreement. If a participant moves out of the property but leaves personal belongings behind, Village staff will make reasonable efforts to give the participant a notice that includes a list of what property was left behind and the date by which the property must be picked up, It is the participant's responsibility to leave a forwarding address with Village staff. If the participant does not reclaim the property within 30 days of service of the notice, Village staff will sell the abandoned property at a public auction unless the property Is worth less than $300.00, Village staff may deduct the costs of storage, advertising costs of the public auction, and the costs for the auction itself from the proceeds of the auction. All remaining proceeds will be deposited with the County Treasurer for the participant to claim within one year. If the property is worth less than $300.00, Village staff may dispose of the property.
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COMPLIANCE WITH FUNDING REQUIREMENTS: The participant's household composition, eligibility, and Income shall be certified by the participant and verified by the program provider at initial occupancy and annually thereafter during the term of this Housing Agreement. The participant shall execute such documents and provide such documentation as requested by the program provider to certify the participant's household income,
In addition, the participant shall notify the program provider Immediately if any of the following changes occur:
a. The participant obtains employment when the status on the most recent recertification was reported as "unemployed";
b. The participant's income cumulatlvely increases by $200,00 or more per month.
Any misrepresentation of the participant's household Income or household size, or failure to comply with the reasonable requests of the program provider regarding verification of the participant's household income, Is a violation of this Housing Agreement and constitutes a participant default under this Housing Agreement.
INDEMNIFICATION: The participant shall indemnify and hold harmless the program provider (and the program provider's agents and their employees) from and against any claims against the program provider arising out of; the occupancy of the property by the participant; activities at the property undertaken by the participant or their guests, family, pets, or any other person entering the property by their doing; and issues with any goods or equipment, unless the damage is the direct result of the program provider's gross negligence or willful misconduct of the Richmond Tiny House Village program.
The program provider (and the program provider's agents and their employees) shall not be liable to the participant or any of their guests, family, or any other person entering the property by their doing for any injury to their person or property occurring at the Village property. The program provider recommends that the participant obtain renter's insurance. The program provider carries insurance on the property only, which will not cover any of the participant's personal or other property located on or about the Village property. The participant shall be responsible for paying for and carrying their own Insurance for personal belongings.
NON-DISCRIMINATION: In order to ensure equal access to the Richmond Tiny House Village's programs by all Individuals, the Richmond Tiny House Village does not discriminate based upon race, ethnicity, color, creed, rellgfon, gender, assigned or assumed sex, age, marital status, familial status, source of income, sexual orientation, national origin or ancestry, disability, or any other protected classification under state and federal law, In the use, occupancy, transferring, or enjoyment of the property herein Housing Agreement.
Any persons with questions or concerns about any type of discrimination or who feel that they have been or are being discriminated against by a Richmond Tiny House Village employee should first Memorandum of Understanding Page 61 of 62
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contact the Program Manager. If a satisfactory response is not received within 24 hours, they may follow the Grievance Procedure as outlined in the Housing Agreement, GRIEVANCE PROCEDURE: If a participant feels that any Richmond Tiny House Village staff has not adhered to the standards set forth In this Housing Agreement, they are entitled to file a grievance. The Resident Grievance Procedure must be provided by any staff member upon request.
WAIVERS: No failure of the program provider to enforce any term of this Agreement In any specific instance, including any of the Commitments for Communal Living stated In the Covenanti shall be deemed a waiver, nor shall such failure prevent the program provider's right to enforce the terms of any and all provisions of this Agreement in the future. No indulgence, waiver, election, or non- election by the program provider under this Agreement shall affect the participant's duties and liabilities hereunder.
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EXHIBIT G
Richmond Tiny House Village Supportive Services Agreement 26 186
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GRANT SERVICES AGREEMENT
BY AND BETWEEN CITY OF RICHMOND AND CONTRA COSTA INTERFAITH TRANSITIONAL HOUSING, INC. (DBA HOPE SOLUTIONS)
Department: Community Development
Department, Housing Division
Project Manager:
Jesus M. Morales
Project Manager’s E-mail:
[email protected]
Project Manager’s Phone Number:
(510) 620-6649
Grantee:
Contra Costa Interfaith Transitional
Housing, Inc. (dba Hope Solutions)
Contact Name: Deanne Pearn, CEO
Email: [email protected]
Phone: 925-944-2246
Vendor No: Contract No:
Term: 03/01/25 - 12/31/25 Payment Limit: $300,000
Program Summary: Hope Solutions will build a tiny house village (Project) consisting of 7 to 13 tiny homes including one on-site resident manager house on land subleased from the Richmond Police Activities League to be occupied as transitional housing for a period of up to 24 months by unhoused youth ages 18 – 24. Hope Solutions in partnership with Tiny Village Spirit (TVS), will provide development, property management, and supportive services to the residents of the project.
TH
IS AGREEMENT is hereby entered into on _________________ (“Effective Date”) by and between the City of Richmond, a municipal corporation and charter city (“ City”) and Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions ), a California public benefit corporation (“Grantee”) (collectively, the “Parties”).
RECITALS
A. On October 1, 2024, the C ity Council approved Option B appropriating unspent funds for the budget for fiscal year 2024 –2025. Option B included adding $1 million to the Unhoused I ntervention account with the purpose of providing funding to GRIP and to Tiny Village Spirit (TVS) . TVS will be constructing the tiny house youth village on land subleased from the Richmond Police Activities League (RPAL). City Council recommended that $300,000 be allocated to TVS to assist with construction costs and operation costs for the tiny youth village . TVS will be responsible for fundraising the balance of funds needed for the construction and operation costs.
B. On
November 26, 2024, City Council directed staff to work on an agreement with TVS to allocate $300,000 as a city contribution toward the tiny house village. Of this amount , approximately $197,000 will be used for operating costs and the remaining $103,000 will be used for capital costs, including payment for the three- unit restroom trailer , the last payment for the yurt, and funds for restroom trailer deck materials.
C. On J
anuary 7, 2025, City Council directed staff to prepare a contract and any other 1 187
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necessary agreements with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) to provide up to $300,000 to help finalize the startup costs for the tiny housevillage to be constructed at 175 23rd Street, Richmond. TVS is a party to a Supportive Services Agreement with Hope Solutions designating Hope Solutions as the Service Provider and its exclusive agent and representative for the purposes of management and operation of the project. Grantee and City now wish to enter into this Agreement for the provision of providing $300,000 for Grantee’s project (as defined below) as approved by the Richmond city Council.
N
OW, THEREFORE, it is agreed between the Parties hereto that:
A
RTICLE I
PROVISIONS
S
ection 1.1 Sco pe of Services.
A. Project Delivery. Grantee shall, to the satisfaction of City, construct the tiny house village and provide the services outlined in the Service Plan attached hereto and made a part hereof as Exhibit A (“Project”).
B. General Administration . Grantee and/or its subcontractor shall provide development, property management, and general administrative services to support the Project.
Administrative support includes but is not limited to the following: data collection and analysis, preparation and submission of a mid-year and a final (“Close-Out”) report, budget preparation and submission of demands for reimbursement, and any other function that will ensure compliance with this Agreement.
C. Staffing. For each employee funded by the Grant, Grantee shall provide the name of such employee(s), title, description of job responsibilities, hourly base pay rate or billable rate, and an estimate of time to be spent on the Program by employee per pay period. Such staff information shall be submitted within thirty (30) days of the Effective Date. Grantee shall inform City in writing, within ten (10) working days, of any changes to such staff that occur during the Term.
D. Performance Monitoring. City s hall have the right to monitor Grantee’s compliance with the goals and performance standards established in this Agreement.
Substandard performance , as determined by City , shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Grantee within thirty (30) days after being notified by City in writing, this Agreement may be suspended or terminated. Substandard performance may be shared with Richmond City Council, and/or City staff, and may impact Grantee’s ability to apply for and/or receive future City funds, including Grant funds.
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E. Site Visits and Meetings. City will coordinate site visits of the Project during and after construction by providing timely notice of intent to visit the project.
Section 1.2 Term.
This A
greement shall commence effective March 1, 2025, and shall terminate on December 31, 2025, and thereafter the Agreement shall be null and void and of no further force or effect, except as otherwise provided herein.
Sect
ion 1.3 Funding.
Thi
s Agreement shall be deemed executory to the extent that the monies are appropriated in the current City budget for the purposes of this Agreement and no liability shall be incurred by City, or any other department of City, beyond the monies budgeted and available for this purpose. The Agreement is not a general obligation of City. Neither the full faith and credit, nor the taxing power of City is pledged to the payment of any amount due or to become due under this Agreement. It is understood that neither this Agreement nor any representation by any City employee or officer creates any obligation to appropriate or make monies available beyond those monies appropriated in the current City Budget for the purposes of this Agreement.
AR
TICLE II
DISBURSEMENT LIMIT
Section 2.1 Amount.
It
is expressly agreed and understood that the total amount to be disbursed by City under this Agreement shall not exceed $300,000.00 (“Disbursement Limit”). To the extent practicable, the use of Grant funds shall be used on a pro rata basis with other funds provided to the Project.
Section 2.2 D emands.
Th
e Grantee will submit invoicing for reimbursement of project funds for construction items limited to payment for the three -unit restroom trailer , the last payment for the yurt, and funds for the restroom trailer deck materials. Grantee will also submit invoicing monthly for operational costs during the term of this agreement as outlined in the budget attached hereto as Exhibit B. Grant funds will be disbursed on a reimbursement basis.
It is
Grantee’s responsibility to ensure that Grant funds are used only for the eligible costs and amounts specified in the Program Budget, attached hereto and made a part hereof as Exhibit B. Should Grantee fail to use Grant funds in accordance with the Program Budget, the payment of Grant funds may be suspended or terminated.
Section 2.3 Non-Liability.
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City shall not be liable for any cost that (a) has been paid, reimbursed, or is subject to payment or reimbursement from any other source; (b) was incurred prior to the beginning date of this Agreement ; (c) is not in accordance with the terms of this A greement, including all Exhibits; or (d) has not been billed to City within thirty (30) calendar days after the date this Agreement terminates.
ARTICLE III
LIMITATION ON CITY OBLIGATIONS
Section 3.1 Limitations.
A. Nothing in this Agreement shall make Grantee or Grantee’s employees ( a) subject to any of the memoranda of understanding that apply to union represented City employees, (b) subject to the Personnel Rules, Employee Handbook, or Administrative Policy Manual that apply to City employees, (c) subject to any of the benefits received by employees of City, including but not limited to Medical, Dental, Vision, Retirement, Vacation or Sick Leave, and Administrative Leave, ( d) covered by City’s Workers’ Compensation Insurance, or (e) employees of City for purposes of the Tort Claims Act (Govt. Code Section 825, et seq) or for any other purpose.
B. Grantee and Grantee’s employees shall not be protected by the same immunities and right to indemnification and defense extended by the Tort Claims Act to public employees , including City employees.
Section 3.2 Termination for Convenience.
This Agreement may be terminated by the City, at its sole and absolute discretion, upon thirty (30) days advance written notice thereof to Grantee or cancelled immediately by written mutual consent of the Parties.
ARTICLE IV
ADMINISTRATIVE REQUIREMENTS
Section 4.1 Financial Management.
A. A ccounting Standards . Grantee shall adhere to Generally Accepted Accounting Principles1, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
B. Documentation and Record-Keeping.
1 “Generally Accepted Accounting Principles” refers to the accounting standard adopted by the U.S. Securities and Exchange Commission (SEC).
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(1) Records to be Maintained. Grantee shall maintain all required records pertinent to the activities being funded pursuant to this Agreement, in a manner satisfactory to the City.
(2) Retention. Grantee shall retain all records related to the Program for a period of five (5) years after the termination of all activities funded under this Agreement. (3) Client Data. Grantee shall maintain all client-level data demonstrating client eligibility for the Program, including client name, address, basis for determining eligibility, and description of service s provided. Such information shall be made available to City monitors or their designees for review upon request, pursuant to Section 1.1.D of this Agreement.
(4) Close- Outs. Grantee’s obligation to City shall not end until all C lose-Out requirements are completed, including preparation of a Close-Out Report at the end of the Term. Activities required during the Close-Out period shall include, but are not limited to submission of the C lose-Out Report, making all final payments to employees, vendors, and/or contractors , submission of a Final Invoice ( per the invoice requirements set forth in Section 4.1.C(5) below), and return to City all unspent cash advances
(5) Audits and Inspections. All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cured by Grantee within thirty (30) days after Grantee’s receipt of such report s. Failure by Grantee to comply with any audit requirements shall constitute a breach o f this Agreement and may result in the withholding or termination of future Grant fund payments.
C. Reporting, Evaluation, and Payment Procedures .
(1) Budgets. The Program Budget (Exhibit B) shall include a list of expenditures to be paid for via Grant funds. The Parties may agree to revise the Program Budget from time to time in accordance with existing City policies. (2) Payment Procedures. Subject to the Disbursement Limit, City will pay Grantee the Grant funds available under this Agreement based upon information submitted by Grantee and consistent with the Project B udget and City policies concerning such payments. Payments will be made via paper check or electronic funds transfer and only for eligible expenses actually incurred by Grantee up to the Disbursement Limit. Any funds remaining shall revert to City. Payments will be adjusted by City in accordance with any Advance Payments to Grantee.
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(3) Progress Reports. Grantee shall submit progress reports with all invoicing: however, no less than quarterly to
the Project Manager in the form and content as set forth in the Grant Report Template,
attached hereto as Exhibit C. The Progress Reports are due no later than the Due Dates listed
below for each Term, unless an extension is authorized by City, in its sole and absolute discretion:
Quarter Period to be covered in Progress Report Due Date 1 April1 through June 30, 2025 July 31, 2025
2 July 1 through September 30, 2025 October 31, 2025
3 October 1 through December 31, 2025 January 31, 2026
4 January 1 through March 31, 2026 April 30, 2026
(4) Close-Out Report. The Close-Out Report, covering the entire Grant period, is due no later than thirty (30) d ays after the end of the Term (as indicated below), unless an extension is authorized by City, in its sole and absolute discretion.
Period to be covered Due Date
April 1, 2025 through March 31, 2026 April 30, 2026
(5) Performance Measurement. On an annual basis, the Richmond Community Development Department will review the Program’s performance scores as outlined
in Exhibit A, Exhibit B, and Exhibit C to assess program quality and accountability according to the City’s satisfaction. Failure by the Grantee to meet performance expectations will result in a program improvement process that may result in the withholding, rescinding, or termination of current or future Grant fund payments.
(6) Evaluations. Grantee shall participate in City evaluation activities, including but not limited to administering program participant experience surveys, grantee surveys, and focus groups. Such activities can take place past the conclusion of the program end date.
(7) Technical Assistance Activities. The City may partner with external contractors to provide technical assistance related to data collection, reporting, and continuous improvement and will encourage the Grantee to participate to support the Program’s efforts for continuous improvement efforts.
(8) Invoices. Invoices shall contain, but not be limited to, the following information in sufficient detail and shall be submitted in a form which adequately demonstrates consistency with the Service Plan and Project Budget:
a. Documentation of payment for construction items listed in the Proj ect Budget including payment for the three-unit restroom trailer, the last payment for the yurt, and funds for restroom trailer deck materials, b. Number of hours per task that Grantee or subcontractor staff performed work,
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c. Number of hours per Grantee or subcontractor staff member being billed or which stipends have been p
aid,
d. Hourly or flat rate provided to Grantee or subcontractor staff , e. Itemization of any other operating costs (e.g., youth program incentives, case management expenses, site security, cleaning and sanitizing, security deposit, maintenance/repairs, youth work stipends, and insurance supplies, travel, operating expenses, etc.), where applicable, incurred for which reimbursement is being requested within that Invoice period, and f. Progress report.
No
te: Itemization of indirect cost (e.g. , rent, ut ilities, etc.) , although not required, may be requested by and shall be made available to City upon request. (9) Required Supporting Documentation. The following Required Supporting Documentation must be submitted with each Invoice, as applicable:
a. Each
Invoice must contain all the information specified in the Grant Report Template (Exhibit C).
b. If the Invoice is requesting reimbursement of any other direct costs (i.e., any costs other than Grantee staff time or stipends —for example, supplies, travel, operating expenses, etc.), the Invoice must be accompanied by copies of actual itemized invoices or receipts for all applicable direct costs. c. If Grantee staff time or stipends are included in the Invoice, City may request that the Invoice be accompanied by signed copies of timesheets , daily logs, and/or payroll records covering all staff hours for which reimbursement is being requested.
(10) Matching Funds. Matching Funds refers to all project funding above the City award that are necessary to construct the tiny homes and supporting infrastructure and provide the services at the proposed levels. Grantee must demonstrate, and is accountable for, raising and documenting funding that equals the balance of funds needed for total construction costs and operating costs for the term of this agreement as a project match. This match of City project funding must be a cash or in-kind match that supports the proposed project . Grantee must provide evidence of in-kind and cash matches upon execution of this agreement, (e.g., through letters, copies of checks, grants, or records of volunteer or donated services.) AR
TICLE V
GENERAL PROVISIONS
Section 5.1 Relationship with of Parties.
Not
hing contained in this Agreement shall be interpreted or understood by any of the 7 193
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Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture by and between City and Grantee or either Party’s agents, employees volunteers, or subcontractors, and Grantee shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its employees, volunteers, agents, and/ or subcontractors, perform the services required of it by the terms of this Agreement . Grantee has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of the Program under this Agreement.
Section 5.2 Compliance with Laws.
A. With respect to this Agreement, Grantee 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, including without limitation environmental laws, disability laws (including the Americans with Disability Act) , employment discrimination laws , living wage, and prevailing wage laws, as well as all California Department of Justice and Secretary of State requirements. Compliance under this provision also means Grantee’s compliance with all provisions of the Municipal Code of the City of Richmond ( “Municipal Code ”), including Chapter 2.28 and Chapters 2.50, 2.52, 2.56, 2.60, and 2.65, if applicable, which are hereby incorporated by reference.
B. L
iving Wage Ordinance . Grantee acknowledges that under Section 2.60.070 of the Municipal Code (“Living Wage Ordinance”), Grantee shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also, as prescribed in Section 2.60.070 of the Municipal Code, Grantee shall notify each of its affected employees regarding the wages that are required to be paid pursuant to the Living Wage Ordinance.
C. No
n -Discrimination.
(1) G rantee agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor. Said Section 2.28.030 is, by this reference, a part of this Agreement.
(2) If Grantee is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
D. S
anctuary City Contracting Ordinance (SCCO). The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with 8 194
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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”). Grantees must submit the Sanctuary City Compliance Statement included herein as Exhibit D along with the bid or proposal prior to execution of the contract.
Section 5.3 Publicity and Acknowledgement of Support.
A. Grantee shall give appropriate credit to City for their financial support in all press releases, publications, annual reports, video credits, dedications, and other public communications regarding the project and services performed pursuant to this Agreement, including but not limited to any tangible final products produced pursuant to this Agreement.
Copies of such materials shall be provided to City for review prior to their release.
B. Grantee hereby grants to City the right and authority to publicize City support for the Project in press releases, publications, and other public communications of any type including, without limitation, digital and web publications, and to use Grantee’s name, likeness, logo, or other official representation of Grantee in such communications.
C. Website
Links: Grantee grants revocable permission to City to place links to Grantee’s web site on City’s website. City also grants revocable permission to Grantee to place links to City’s website on Grantee’s web site. Revocation of such permissions shall be noticed in writing and the Party in receipt of such notice shall have thirty (30) days to remove all links to the other Party’s website from its own website.
Section 5.4 Background C
hecks.
If Grantee provides services to youth or other vulnerable populations (including, but not limited to elderly, differently-abled, chronically ill, unhoused, etc.), Grantee shall require comprehensive background checks and fingerprinting of all its employees, volunteers, agents, or subcontractors that work directly with youth or such other vulnerable populations. The cost of the background checks and fingerprinting shall be borne solely by the Grantee. Grantee agrees to provide City with an affidavit certifying that these background check and fingerprinting processes were completed and that all aforementioned individuals supporting Grantee who provide services to vulnerable populations have successfully passed the background and fingerprinting checks. At City’s discretion, Grantee may also be subject to an audit of the underlying records referred to in and relied upon in preparing the affidavit.
In addition, Grantee must ensure that all its employees, volunteers, agents, and subcontractors have a responsibility to self-report to Grantee within three (3) calendar days any arrest. Grantee must notify the Project Manager within forty -eight (48) hours of all details concerning any reported arrest. Upon City’s request, Grantee shall re -screen any of its employees, volunteers, agents, and/or subcontractors during the term of this Agreement.
Section 5.5 Default.
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In the event Grantee fails to perform properly any of its obligations hereunder , Grantee shall have thirty (30) days after receipt of written notice from City to cure such failure of performance. If Grantee does not cure the failure within thirty (30) days , or if Grantee fails to commence to cure or, within a reasonable time thereafter, fails to complete the cure, City may , in addition to any other remedies, suspend or terminate this Agreement, complete Grantee’s obligations in any reasonable manner it chooses, or operate or maintain the Program as the City may deem necessary to fulfill requirements of the Grant . Grantee shall reimburse City for any costs or expenses incurred by City because of such failure to perform. If Grantee fails to comply with any of rules, regulations, ordinances, requirements , or provisions of City, in addition to other remedies as provided by law, this Agreement may be suspended or terminated.
Section 5.6 Copyright.
If this Agreement results in any copyrightable material, City reserves the right to royalty - free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
Section 5.7 No
Claims.
Nothing contained in this Agreement shall create or justify any claim against City by any person that Grantee may have employed or with whom Grantee may have contracted relative to the purchase of materials, supplies, or equipment, or to the furnishing or the performance of any work or services for the Program or otherwise.
Section 5.8 Indemnification.
A. To the fullest extent permissible by law, Grantee shall indemnify, defend and hold harmless, and require its contractors and subcontractors to defend, indemnify and hold harmless, City, its elected and appointed officials, and all of City’s employees and agents ( “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims, or judgments, including attorney's fees and other defense costs (collectively, “Claims”) resulting from injury to or death sustained by any person (including Grantee’s or any contractors’ or subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the provision of Program services performed pursuant to this Agreement , regardless of Grantee’s fault or negligence; provided, however, that Grantee’s indemnity obligations hereunder shall not apply to the extent any Claims are caused by the sole and active gross negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Grantee and its contractors and subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason.
B. In Claims against any person or entity indemnified under Section 5.8.A above by an employee of Grantee , or its contractors and subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 5.8.A above shall not be limited by a limitation on 10 196
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amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts, or other employee benefit acts.
Section 5.9 Non-L iability of City Officials, Employees, and Agents.
No member, official, employee, or agent of City shall be personally liable to Grantee in the event of any default or breach by City, for any amount which may become due to Grantee or its successor, or on any obligation under the terms of this Agreement.
Section 5.10 Insurance.
Grantee shall submit to City evidence of and keep current the insurance coverage meeting the general requirements set forth in the Insurance Requirements, attached hereto and made a part hereof as Exhibit E.
Section 5.11 No Third-Party Beneficiaries.
There shall be no third-party beneficiaries to this Agreement.
Section 5.12 Conflict of Interest.
A. Except for approved eligible administrative or personnel costs, no person described in Section 5.12.B below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during or at any time after such person's tenure. Grantee shall exercise due diligence to ensure that the prohibition in this Section 5.12.A is followed.
B. The conflict-of-interest provisions of Section 5.12.A above apply to any person who is an employee, agent, consultant, officer, or any immediate family member of such person, or any elected or appointed official of City, or any person related within the third (3rd) degree of such persons.
Section 5.13 Notices, D
emands, and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand, or communication upon the other Party, such notice, demand, or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail with return receipt requested and postage prepaid or delivered by express delivery service with return receipt requested.
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If intended for City, it shall be addressed to:
Ci
ty of Richmond
450 Civic Center Plaza, Suite 200
Richmond, California 94804
Attention: Community Development Director
Wi
th copy to:
City of Richmond
450 Civic Center Plaza, Suite 340
Richmond, CA 94804 Attention:
Dave A
leshire, City Attorney
If
intended for Grantee, it shall be addressed to:
D
eanne Pearn, CEO Hope Solutions
399 Taylor Blvd., Suite 115
Pleasant Hill, CA 94523
Wi
th copy to:
Sally Hindman, Executive Director
Tiny Village Spirit
3129 Ellis St.
Berkeley, California
Any not
ice, demand, or communication shall be deemed given, received, made , or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either Party may change its mailing address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
Section 5.14 Applicable Law.
Thi
s Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 5.15 Parties Bound.
Exc
ept as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors in interest, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.
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Section 5.16 Attorneys' Fees.
If a
ny lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party will have the right to recover its reasonable attorneys’ fees and costs of suit from the other Party.
Section 5.17 Severability.
If any
term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding, or unenforceability.
Section 5.18 Waivers.
Any wa
iver by City of any obligation or condition in this Agreement must be in writing.
No waiver will be implied from any delay or failure by City to take action on any breach or default of Grantee or to pursue any remedy allowed under this Agreement or applicable law.
Any extension of time granted to Grantee to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Grantee shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for Grantee’s written consent to future waivers.
Section 5.19 Title of Parts and Sections.
Any ti
tles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’ s provisions.
Section 5.20 Entire Under standing of the Parties.
This
Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter . All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the Parties.
Section 5.21 Multiple Ori ginals; Counterpart.
This
Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
IN WI
TNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.
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CITY OF RICHMOND:
Date
Atte
st:
_________________________________
Pa
mela Christian
City Clerk
Eduardo Martinez
M
ayor
Approved as to form:
____________________________
Dave Aleshire
City Attorney
GRANTEE:
Name Date
__________________________________ _____________________________________ Title
Signature
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EXHIBIT A
SERVICE PLAN
In
a satisfactory manner as will be determined by the City's Program Manager, Contra Costa Interfaith Transitional Housing, Inc., dba Hope Solutions, (Hope Solutions) and their subcontractor, Tiny Village Spirit (TVS), and any other subcontractors, hereinafter “Grantee” will develop a tiny village with seven tiny homes for unhoused youth ages 18 – 24, provide property management, and supportive services for the project and residents subject to the terms and conditions of the Sublease Agreement by and between the Richmond Police Activities League (RPAL) and Tiny Village Spirit (TVS) dated October 10, 2024, and the Richmond Tiny House Village Supportive Services Agreement by and between Tiny Village Spirit (TVS) and Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) dated October 3, 2024.
The
Sublease Agreement and the Richmond Tiny House Village Supportive Services Agreement are attached hereto as Exhibits F and G and incorporated herein by reference.
Tiny Homes Development
Gr
antee will develop a tiny village comprising six (6) tiny homes to be occupied as transitional housing by unhoused youth ages 18 – 24 and one on-site Resident Manager unit, a total of seven units and related structures (Project) on land subleased from the Richmond Police Activities League (RPAL) located on the south side of Bissell Avenue between 22 nd and 23rd streets in the city of Richmond as more fully described in the Sublease Agreement. Grantee will be responsible for raising funds to cover the development and operating costs of the project, will provide property management, and supportive services for the P roject and residents. The city is providing grant funds in the amount of $300,000, which represents a percentage of the total funds needed for the development costs, estimated at $978,912, and for the calendar Year 2025 (6-9 months) operating costs estimated at $275,132.
Gr
antee will construct the tiny homes as depicted in the plans and specifications in Exhibit D of the Sublease Agreement and only as approved and permitted by all applicable government agencies. Grantee will be responsible to enter into contracts with lice nsed entities for any construction activity. All work performed by Grantee in relation to the project by Grantee, any entity contracted by Grantee or any of their volunteers, agents, representatives, or contractors shall comply with all relevant federal, state and local laws, rules, regulations and standards, zoning and building codes, ordinances, operating certificates for facilities, or licenses for an activity. Grantee will also be responsible for obtaining any required permits for any site work or structures to be constructed and or placed on the site.
Gr
antee will provide the following Property Management and Case Management services for the Project and residents as more fully described i n the Richmond Tiny House Village Supportive Services Agreement dated October 3, 2024, incorporated herein by reference.
Property management
A. Grantee shall cause the Project to be maintained in a good, clean and sanitary condition that complies with all legal standards for habitability. Grantee shall perform 15 201
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regular and reasonable inspections of the Project. Grantee shall perform or supervise performance of day-to-day maintenance of the Project, perform emergency repairs and perform reasonable preventative maintenance. Grantee shall comply with or abide by any rule, determination, ordinance or law of any federal, state or municipal authority affecting or concerning the Project. Grantee shall address and resolve any serious defects at the Project observed by Grantee. Grantee shall receive and investigate all service requests from residents and take any necessary action regarding such requests.
Grantee shall keep records of any actions taken. Grantee shall be available to receive and respond to requests or emergencies on a 24-hour a day basis.
B. Grantee shall take all reasonable actions to collect rents, charges or other income when due from residents of the Project in accordance with the terms of their tenancies. All funds shall be deposited in the bank account provided by Grantee ("Bank Account") within 3 days of receipt. Grantee may execute all receipts or any other documents reflecting payment by residents of such sums.
C. Grantee shall use reasonable efforts to keep all units at the Project leased. Grantee is authorized to enter into lease agreements with residents in the form approved by Grantee and for the rental amount approved by Grantee. Grantee shall advertise any available units for lease in a timely fashion and using marketing methods agreed to in advance by the Grantee. Grantees shall conduct reasonable activities to screen residents and show available units.
D. Grantee shall determine the eligibility of prospective tenants based on the following criteria: must be between the ages of 18-24, homeless, referred by the Contra Costa County Continuum of Care, with a preference for Richmond residents. Furthermore, Grantee shall collaborate with the City’s Community Services Department - Employment and Training Division Deputy Director or their designee to design and implement a comprehensive assessment, evaluation, and qualification criteria for participants of the Tiny Homes Transitional Housing Program, ensuring that the program participants are evaluated for their fit and readiness. Pre-enrollment assessment will involve a thorough review of each participant’s background, including their housing history, employment history, and any previous involvement in similar programs. Grantee will work closely with Employment and Training Division to create employment roadmaps, enrolling participants in all eligible and/or appropriate City facilitated job readiness programs and trainings. Working collaboratively with the City’s Employment and Training Division, the Grantee will develop a robust system that not only evaluates readiness but also supports participants in their journey towards employment and more permanent housing
E. Grantee shall:
a. Select and coordinate the move-in of new residents including maintaining a waiting list, conducting open houses for applicants, conducting interviews of applicants, conducting income certifications for applicants, complying with 16 202
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Fair Housing Law, executing Occupancy Agreements with new Residents and facilitating move-in of new Residents.
b. Conduct an orientation for each new resident before or within 3 days following move-in of any new resident.
c. Enforce all terms and conditions of the Occupancy Agreement. Grantee shall cooperate with Grantee regarding any legal proceedings related to eviction of residents at the Project.
d. Not permit any resident to sublease a Unit.
e. Record the condition of each Unit at the time a new resident takes possession of the Unit.
f. Clean and repair all Units following a vacancy.
g. Take all actions to require that all residents complete annual income recertification forms provided by Grantee in compliance with the Grantee’s requirements.
h. Provide Grantee all information regarding the household size and income of residents at the Property on an annual basis to permit TVS to comply with TVS's tax status.
F. Grantee shall permit RPAL or City to inspect the Property and the Units as permitted under law.
G. Grantee shall obtain and maintain in full force and affect any and all licenses required for Grantee lawfully to perform fully its obligations under this Agreement.
Case Management Services
A. Grantee Case Management/Service Coordination includes information, assistance with completing necessary forms as well as referrals to any mainstream benefits and other specialized services as requested and required by Project residents.
B. Grantee will facilitate regular meetings and communication with Project partners including on an as needed basis to discuss residents who are not in good standing and to come up with a plan to support residents in staying housed. If residents desire or are required to leave the Project, Grantee will work with them to access housing suitable to their needs.
C. Case management and service coordination will be provided on-site three days per week by staff. Office hours shall be posted at the Project. This/these persons(s) will be supervised by a Grantee support services manager.
D. Based on the needs and desires of the tenants, more intensive mental health, crisis intervention and other support can be provided. Additional services staff assigned to oversee crisis and mental health support will be appropriately licensed/credentialed. 17 203
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E. C
ase Management/Service C oordination will also work to establish and maintain critical linkages to mainstream services including but not limited to criminal justice systems, community-based organizations, health services agencies, public school systems, and substance addiction programs in Contra Costa County.
F. Grantee shall tra ck/provide service utilization and outcome measures utilizing the HMIS system as directed by the County Homeless Program. Grantee will maintain clients' files in locked cabinets and ensure that HIPAA guidelines are followed regarding safety and/or dissemination of client information.
G. Grantee agree to wor k together to assist internal monitoring controls - including providing annual audits, participating in an annual program meeting, cooperating with on-site monitoring, and sample file reviews.
Timeline
Grantee will construct the tiny homes within the project construction schedule per the plans and specifications in Exhibit D of the Sublease Agreement incorporated herein by reference, which may be adjusted based on current status, and completed and ready for occupancy no later than July 1, 2025. The following are the major completion dates for the Project.
Item Completion date
Utilities completed for any on-site
infrastructure work; electrical, plumbing,
water, sewer, etc.
September 30, 2024
Village perimeter fencing built onsite September 30, 2024 Tiny homes - seven units built and onsite January 31, 2025 Yurts – built and installed onsite February 14, 2025
Toilet, shower and laundry trailers –
delivered and installed onsite
January 31, 2025
Site improvements; walkways and ramps,
parking lot paving, planting and
landscaping security office, tiny house
murals final inspection
February 28, 2025
Tiny homes ready for resident move-in July 1, 2025
Tiny homes and residential manager unit
occupied
July 1-31, 2025
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Project outcome and evaluation
Project
component
Project
outcome
Indicator
measurement
Goal Evaluation
method
Tiny homes Completion
of tiny homes
# of Units
constructed
7 Certificate of
occupancy
Tiny homes
occupancy -
Youth
Tiny homes
occupied by
eligible youth
# of Units occupied
by Youths
6 Count of
Resident
leases
Tiny homes
occupancy –
Resident
Manager
Tiny home
occupied by
Resident
Manager
# of Units occupied
by Resident
Manager
1 Resident
Manager
Lease /
Agreement
Resident case
management
services
Permanent
housing and
self-
sustaining
skills
# of Youth that find
permanent
housing and
employment
80% of
residents
after
12–18
months
Homeless
Management
Information
System
(HMIS)
client data
and client
survey
Resident case
management
services
Permanent
housing and
self-
sustaining
skills
# of Youths that
accept employment
training services
50%-
80% of
residents
after
12–18
months
Homeless
Management
Information
System
(HMIS)
client data
and client
survey
Satisfaction
Survey
Youth that
are satisfied
with housing
and services
provided
# of Youth who
report satisfaction
with Program
80% of
residents
Client
Survey
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EXHIBIT B
PROJECT BUDGET AND OPERATING STATEMENT
The Program Budget can be modified up to the disbursement limit upon written request from the Grantee and approval from the City’s Project Manager.
Richmond Tiny House Village, Farm, and Garden--Capital Budget & Sources of Funds Capital Budget*
Contractual Services and Fees (secures site/tests/contracts/policies) 30,000.00$ Site Work/Utilities/Electricity/Infrastructure 105,000.00$ Parking Lot (24 spaces) 50,000.00$
Kitchen Build Out/Appliances 30,000.00$
Construction Materials (13 tiny houses, including RA house) 205,000.00$ Fence (includes mural paint and supplies) 30,000.00$
Common Room Buildings/Yurts (including hook ups) 55,000.00$ Landscaping/Artistic Elements 20,000.00$
Pathways (wheelchair accessible) 40,000.00$
Gateway/Entrances (including signage) 7,000.00$
Restroom Trailer (inc. hook ups and wheelchair ramp) 70,000.00$ Security System 20,000.00$
Murals/Art Work 15,000.00$
Murphy Beds and Furnishings (not including in-kind donations) 10,000.00$ Donated Security Cabin (hook ups and improvements) 5,000.00$ Project Management/Community Organizing 132,000.00$
Total Development Costs 824,000.00$
Contingency (@ 8%) 65,920.00$
Subtotal 889,920.00$
Administration/Bookkeeping (@ 10%) 88,992.00$
TOTAL 978,912.00$
Updated 11/1/24
*Assumes rounding, does not include In-Kind Volunteer Labor Sources
Government
C ontra C osta C ounty measure x 65,000.00$
C ity of Richmond $103,000
Total $168,000
Corporations
Aru
p $7,500
Blue Shield $40,000
Salesforce $50,000
Google $15,000
Kaiser family foundation $50,000
UPS $25,000
$187,500
Private foundations
Amy plant fund $10,000
Anonymous family foundation $15,000
Beretta family foundation $50,000
Beretta family foundation $70,000
East Bay community foundation $2,500
Entertainment industry foundation $10,000
Frederick J Isaac fund $12,000
Walter S Johnson foundation $30,000
Miranda L ux Foundation $15,000
Presuhn Trust $3,000
Red Oak opportunity fund $8,000
San Francisco foundation emergency response $15,000
San Francisco foundation $75,000
Seeley family foundation $5,000
Silicon Valley community foundation $75,000
WW H foundation $5,000
Bernard and Alba Witcan foundation $14,000
Zeller Beck family foundation $5,000
$419,500
Religious funders/Congregation Gifts
C hurch of Jesus C hrist of Latter Day Saints $77,000
Strawberry Creek friends meeting $5,000
C ontra C osta C ounty Misrasha $1,400
Other congregation gifts $7,600
$91,000
Individual gifts
Diane Wilsey $12,000
boona cheema $5,000
Go Fund Me $15,000
Robert Seelig $1,000
Other individual gifts $79,912
$112,912
TOTAL $978,912
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EXHIBIT B
PROJECT BUDGET AND OPERATING STATEMENT
The Program Budget can be modified up to the disbursement limit upon written request from the Grantee and approval from the City’s Project Manager.
Tiny House Village Operating Budget- Calendar Year 2025 6-9 Months (Start up)
EXPENSES
Personnel
CY 25 (6 mos OE + 9 mos
salaries)
.05 Program Director 4,688
.125 Program Manager 7,500
.5 FTE Village Manager 25,500
.5 FTE Case Manager 25,500
1 FTE Resident Ass't 33,750
subtotal salaries 96,938$
taxes/benefits (23%) 22,296$
subtotal personnel 119,233$
Program Expenses
youth program incentives 1,800$
case management expenses 4,500$
subtotal program 6,300$
Operating Expenses
Site security trainees stipends sub (@$18*24hours*365) 78,840$ Site security supervision contract (@$25/hr x 500 hours +23% fri 7,625$ Cleaning and sanitizing 4,420$
Site maintenance and stability 12,500$
security deposit 3,000$
maintenance/repairs 6,000$
Youth work stipends (@$18/hr x6 x3hrs/wk x46weeks) 7,452$ Insurance 4,750$
subtotal operating 124,587$
Adminstrative/Overhead (10%) 25,012$
Total Budget 275,132$
SOURCES
City of Richmond 197,000$
Rental subsidies at $800 per unit (from ERF grant) 9,600$ -$
To Be Raised 68,532$
Prospective Funding
Miranda Lux Foundation 15,000$
Entertainment Industry Foundation 15,000$
Bernard Wilkin Foundation 10,000$
Total Prospective Funding 40,000$
Remaining unidentified funding 28,532$
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EXHIBIT C
The Gr ant Report Template May be Updated by the City of Richmond at Any Time Progress Report:
Tiny Village Grant Project
Program Project Description: (Provide a brief description of the project/programs your organization is providing with RFCY Grant funds. Activities must be consistent with the Service Plan attached as Exhibit A to the Grant Services Agreement)
Task A ccomplished and Success to Date:
1. What task has your organization completed in whole or in part during this period? (Task should be consistent with those identified in the Service Plan for the reporting period)
2. Identify and discuss any challenges, issues or problems your organization faced during this period which might impact the program/project’s ability to meet the intended outcomes identified in the Service Plan.
3. What lessons have you learned from participants, staff and/or the community during the course of the project?
Organization Name:
Project Name:
Contact
Contract
Grant Award
Project Duration:
Total number of clients served:
Total number of clients served from Richmond:
Indicate the area or neighborhood(s) where services were provided:
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4. What feedback have participants and/or members of the community provided regarding the program/project? (e.g. quotes, e-mails/letters, summarized findings from surveys)
5. Did your staff participate in any capacity-building opportunities during the reporting period? If so, please identify.
Project Expenses to Date: Attach a completed Invoice for any reimbursable costs incurred during this reporting period. 23 209
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EXHIBIT D
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing th is 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 Na me: Title:
Signed: Date:
Business E ntity:
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EXHIBIT E
Insurance Requirements
During the entire term of this Agreement and any extension or modification thereof, the Grantee 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.
25 211
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CIW 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 CFTY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation and Builder's Risk/ Course of Construction Insurance.
6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. - (Only required for Construction Contracts involving property)
7. Contractor's Pollution Liability {if applicable for Construction Contractors) Required Coverage
Workers'Compensation and
Employers' Liability
Minimum Limits
Statutory limits as required by the State of California including $1 million Employers' Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at:
httD://www.ci.richmond.ca.us/index.asox?nid=61.
Type 1 - Page lof4
Revised: September 2011
26 212
City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
Builders' Risk/Course of
Construction - Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Contractor's Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
PROJECT COST
.$p.:.$5.miljip.n.
-$5.miJUp-n.-~-$1.Q-TJUlQP.
.oy.er.$l-P- milii-(?o.
Fireworks
REQUIRED LIMIT
.$-?-[OllliP-CLP/P-
$5 millionj3/q
$10 million p/o
$5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
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.
$1,000,000 per occurrence for bodily injury and property damage.
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond's site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating
Additional Insured Endorsement
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.
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 but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
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Revised: September 2011
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City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Additional Insured Endorsement
(continued)
Primary and Noncontributory
Waiver of Subrogation
Endorsement Form
Deductibles and Self-Insured
Retentions
Loss Payable Endorsement (only
required when Builder's Risk
and/or Course of Construction
Insurance is required.)
SURETY BONDS
(If a Public Works/Engineering
Project)
SAMPLE Endorsements can be found at
httD://www.ci.richmond.ca.us/index.asDX?nld=61
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.
Contractor's insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder's Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
httD://wvuw.ci.richmond.ca.us/index.asDX?nid=61
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.
Applicable to Builder's Risk/Course of Construction naming the City of Richmond as Loss Payee.
The Contractor shall provide:
1, A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR'S subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Type 1 - Page 3 of 4
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City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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Revised: September 2011
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EXHIBIT F
Sublease Agreement
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EXHIBIT G
Richmond Tiny House Village Supportive Services Agreement
31 217