DocID #36940v1
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 DocID #36940v1
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.
2 DocID #36940v1
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.
3 DocID #36940v1
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).
4 DocID #36940v1
(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.
5 DocID #36940v1
(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,
6 DocID #36940v1
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 DocID #36940v1
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 DocID #36940v1
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.
9 DocID #36940v1
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 DocID #36940v1
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.
11 DocID #36940v1
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.
12 DocID #36940v1
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.
13 DocID #36940v1
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
14 DocID #36940v1
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 DocID #36940v1
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 DocID #36940v1
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 DocID #36940v1
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
18 DocID #36940v1
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
19 DocID #36940v1
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 $978,912
20 DocID #36940v1
EXHIBIT B
PROJECT BUDGET AND OPERATING STATEMENT
The Program Budget can be modified up to the disbursement limit upon written request from the Grantee and approval from the City’s Project Manager.
Tiny House Village Operating Budget- Calendar Year 2025 6-9 Months (Start up)
EXPENSES
Personnel
CY 25 (6 mos OE + 9 mos
salaries)
.05 Program Director 4,688
.125 Program Manager 7,500
.5 FTE Village Manager 25,500
.5 FTE Case Manager 25,500
1 FTE Resident Ass't 33,750
subtotal salaries 96,938$
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$
21 DocID #36940v1
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:
22 DocID #36940v1
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 DocID #36940v1
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:
24 DocID #36940v1
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 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 $1 million Employers' Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at:
httD://www.ci.richmond.ca.us/index.asox?nid=61.
Type 1 - Page lof4
Revised: September 2011
26 City of Richmond - Insurance Requirements - Type 1:
Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
Builders' Risk/Course of
Construction - Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Contractor's Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
PROJECT COST
.$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.
Type 1 - Page 2 of 4
Revised: September 2011
27 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
Revised: September 2011
28 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.
Type 1 - Page 4of4
Revised: September 2011
29 DocID #36940v1
EXHIBIT F
Sublease Agreement
30 DocID #36940v1
EXHIBIT G
Richmond Tiny House Village Supportive Services Agreement
31