Richmond City Council
July 1, 2025

Introduction
The City of Richmond (the City) is seeking proposals from qualified organizations to act as a fiscal sponsor for the Immigrant Legal Services and Public Awareness Campaign Program (the Program). The selected fiscal sponsor will be responsible for administering and distributing up to $1,000,000 in one- time surplus funds for Fiscal Year 2024- 25 to recipient nonprofit organizations that provide immigrant legal services and conduct public awareness campaigns on constitutional rights for Richmond residents.

The key challenges include:
• Insufficient Access to Legal Representation: A shortage of qualified immigration attorneys, compounded by financial barriers, leaves many immigrants unable to secure the legal assistance they need.
• Evolving and Complex Immigration Laws: As immigration laws and policies continue to shift, immigrants are left without a clear path to navigate the legal system. • Limited Resources for Community Education: Many immigrants are unaware of their rights or the available services, making them more vulnerable to exploitation or deportation.

Interested fiscal sponsors, including legal service providers and nonprofits, should base their proposals on a one-year funding allocation of $1,000,000. This Request for Proposal (RFP) outlines the project scope, selection process, and required proposal c omponents.

The anticipated contract term is one year or until funds are fully expended.

By submitting a proposal, vendors acknowledge their understanding of all requirements outlined in this RFP.

About the City of Richmond, California
The City of Richmond is a Charter City located in Contra Costa County, part of the San Francisco Bay Area with a population of 110,567 residents. Richmond is one of the region’s most diverse communities: 42.5 percent of residents identify as Hispanic or Latino, 20.2 percent identify as Black or African American alone, 17.8 percent identify as White alone (not Hispanic of Latino), and 15.4 percent identify as Asian alone (15.4 percent).
1 Richmond is home to a multi -modal transit hub that includes BART, Amtrak and AC Transit, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up- and- coming communities in California.

The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of highways, streets and infrastructure; library services; storm water and municipal sewer systems; operation of a wastewater treatment

1 Quick facts Richmond city, California. 2019 American Community Survey 5 year estimates. https://www.census.gov/quickfacts/richmondcitycalifornia 180

facility; and the administration of recreational activities and cultural events. The City also operates the Richmond Memorial Convention Center and the Port of Richmond.

Overview of the Immigrant Legal Services and Resources Program Recognizing the critical need for expanded legal services and rights awareness for Richmond immigrants, the City of Richmond is launching this initiative in alignment with City Council direction on March 4, 2025. The program aims to ensure that Richmond residents have access to legal support and understand their rights when facing immigration-related challenges.

In recent years, immigrant communities have experienced significant uncertainty due to the evolving landscape of immigration law. Individuals facing potential deportation, changing asylum processes, and family separations are in urgent need of legal counsel.

Unfortunately, the demand for legal services far outpaces the supply, leaving many without representation or the proper guidance to navigate these challenges.

To achieve these goals, the City will partner with a fiscal sponsor organization who will be responsible for administering the funds and ensuring compliance with all applicable regulations. Funds will be available for disbursement once an organization is awarded and approved to start work. While recipient organizations may serve individuals outside Richmond, all program funds must be used exclusively for services benefiting Richmond residents.

Scope of Services
The fiscal sponsor will be responsible for the implementation of the program to ensure effective legal, assistance, representation, community engagement and public awareness for Richmond immigrants. The fiscal sponsor shall ensure that recipient organizations meet all program requirements and expectations as outlined below.

Fiscal Sponsor Responsibilities
The selected fiscal sponsor will be responsible for:
• Administering funds primarily on a recapture reimbursement basis, with the option of a partial advance payment based on a percentage of the total award. • Developing funding criteria and ensuring compliance with City requirements. • Distributing funds exclusively to qualified nonprofit organizations in good standing with all applicable federal, state, and local regulations, including those set by the California Department of Justice, the California Secretary of State, and the Richmond Municipal Code.
• Monitor bi-annual tracking and reporting of data and services by recipient organizations and prepare consolidated reports for submission to City of Richmond staff and council at a minimum of twice per year, with flexibility for additional reporting upon City request.
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• Developing and implementing a community engagement plan to ensure input from and communication with interested and affected members of the Richmond community. Such plans should include, for example, community meetings and media outreach.
• Oversee recipient nonprofit organizations to ensure alignment with program goals, compliance with requirements, and fulfillment of service obligations (outlined in the Recipient Organization Responsibilities section below).

Recipient Organization Responsibilities
The fiscal sponsor should select r ecipient organizations, as approved by the City of Richmond, that commit to:
• Provide direct legal assistance, representation, and related immigration services to Richmond residents, including both affirmative and defensive cases as described in the Scope of Legal Representation.
• Deliver legal education and outreach through workshops, clinics, public awareness campaigns, and other activities designed to increase legal literacy and promote immigrant rights.
• Co-develop a community engagement workplan with the fiscal sponsor that outlines objectives, timelines, and service strategies, and support the implementation of all community engagement efforts.
• Attend and participate in meetings, trainings, and/or convenings organized by the City and fiscal sponsor to coordinate services and share best practices in immigration law and legal service delivery.
• Partner with legal service providers, community -based organizations, and educational institutions (e.g., West Contra Costa Unified School District) to expand access to legal services in community settings, including clinics, after school programs, and outreach events.
• Maintain a secure and confidential case management system for tracking client services, legal outcomes, and required program data in compliance with all applicable privacy standards.
• Support immigrant-led organizing, local advocacy, and broader capacity -building efforts to strengthen civic participation within Richmond’s immigrant communities.

Eligibility for Legal Representation
The fiscal sponsor will be responsible for developing funding and eligibility criteria.

However, the City of Richmond will ensure that key aspects and preferred components are incorporated to align with the intent of this funding.

To qualify for legal representation under this program, an individual must, at the time of the initiation of representation:
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• Be a resident of Richmond at the time of representation or have been a resident immediately prior to detention by Immigration Customs Enforcement (ICE).

Scope of Legal Representation
Recipient organizations may provide a range of immigration legal services to Richmond residents, including consultations, workshops, clinics, immigration forums, and public legal education, to ensure that community members understand their rights and can access timely legal assistance. For organizations offering legal representation, services must include thorough screenings, individualized legal assessments, and case management to identify the most effective legal options for protecting individuals and their families.

The City recognizes that increased funding strengthens provider capacity, enabling organizations to hire additional staff, manage more cases, and meet growing community demand. These investments are critical to reducing unjust deportations, family separations, and barriers to legal support.

Core Legal Services should include:
• Affirmative immigration legal assistance and/or representation, including but not limited to asylum, lawful permanent residency, naturalization, Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), U Nonimmigrant Status (U visas) for victims of certain crimes, T Nonimmigrant Status (T visas) for victims of human trafficking, and Violence Against Women Act (VAWA)-related relief.
• Defensive (removal) representation, covering all stages of immigration court proceedings for individuals facing deportation or detention. • Legal consultations and screenings to assess eligibility for immigration relief and identify appropriate legal options.
• Application preparation and filing, including petitions and supporting documentation.
• Filing fee support, where applicable, to assist eligible clients with United States Citizenship and Immigration Services (USCIS)-related costs (e.g., DACA renewals, TPS, visa applications).
• Preventative legal services, such as public education and referrals that help reduce the risk of detention and deportation.

Data Collection and Reporting
The fiscal sponsor and recipient organizations shall be responsible for collecting and reporting data to the City of Richmond on all legal representation funded under this program. To ensure the security and confidentiality of sensitive client information, the City, fiscal sponsor, and recipient organizations shall implement strict data protection measures to safeguard client information and mitigate any risks associated with immigration enforcement.
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Data collection and reporting shall continue through the disposition of each case, including those that remain active beyond the contract period. The fiscal sponsor and recipient organizations shall provide regular updates and submit reports as required by the City of Richmond.

At a minimum, reported data shall include but not be limited to:
• The number of clients receiving legal assistance and representation, the extent of expanded outreach, the number of educational workshops conducted, and the depth of educational services provided.
• The number of cases handled by attorneys, including averages and other performance metrics;
• Types of relief identified;
• Applications for relief, voluntary departure, or other immigration court actions taken;
All data reporting shall comply with established confidentiality protocols to protect client privacy and ensure that information is not shared in a manner that could compromise the safety or security of individuals receiving legal services.

RFP Schedule
Date Activity

Wednesday, May 7, 2025 Release RFP
Friday, May 23, 2025 Final Day to Submit Questions (5:00 PM) Monday, June 2, 2025 Response to Questions
Monday, June 9, 2025 RFP Due Date

Tuesday, July 1, 2025 City Council Consideration, if RFP selection is not addressed it will be
scheduled to following City Council
meeting date

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City of Richmond Standard Proposal Format Guidelines
The following section outlines the standard Proposal Format Guidelines established by the City of Richmond. All submissions responding to this RFP must comply with the structure, formatting, and content requirements described below. These guidelines are applicable to this RFP and all content herein unless otherwise stated.

The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to 10 double-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, et cetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub- consultants. The required font size is 12 point, with minimum left and right margins of one- inch, and top and bottom margins of 0.7 inches.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:

A. Vendor Cover Letter
A cover letter, not to exceed three pages in length, should summarize key elements of the proposal and shall:
• Confirm that all elements of this RFP have been reviewed and understood. • Include a statement of intent to perform the services as outlined. • Express company’s willingness to enter into an agreement under the terms and conditions prescribed by this RFP, insurance requirements (Attachment A) and in the sample Service Agreement (Attachment B).
• Submit a written desc ription and brief history of the company’s experiences, qualifications and successes in providing fiscal sponsorship services described herein. Please indicate the number of employees, client base and location of offices.
• Indicate the address and telephone number of the vendor’s office located nearest to Richmond, California and the office from which the project will be managed. • Stipulate that the proposal price will be valid for a period of at least 180 days. • Identify a single person for contact during the RFP review process. 185

• Be signed by an authorized official of the company.

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

C. Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should include:
• An implementation plan that describes in detail:
o The methods, including controls, by which your firm manages projects of the type sought by this RFP;
o The methodology for soliciting and documenting views of internal and external stakeholders; and
o Any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. • A detailed description of the efforts your firm will undertake to achieve client satisfaction and meet the requirements outlined in the "Scope of Services" section. • A detailed project schedule identifying all tasks and deliverables to be performed, the duration of each task, and the overall timeline for completion. • A detailed description of specific tasks that will require City staff involvement.

Explain the respective roles of City staff and your team in completing the tasks specified in the Scope of Services.

D. Staffing
Describe proposed project team organization, including identification and responsibilities of key personnel. Indicate the extent of the commitment of key personnel for the duration of the Project and furnish resumes of key personnel. Provide an indication of the staffing level for the Project. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without prior written approval of the City of Richmond . Sub -consultant letters of commitment are required and must be submitted with the proposal.

Describe the experience of the proposer’s Project team in detail, including the team’s Project Manager, and other key staff members, on projects of similar size, capacity, and dollar value. For each similar project, include the client’s name and correct telephone number. It is the City of Richmond ’s policy to interview proposers’ references as well as references identified by the City of Richmond.
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E. Qualifications
The information requested in this section should detail the qualifications of the firm, key staff, and subcontractors who have performed projects within the past five years that are similar in size and scope. This information will be used to demonstrate the firm ’s competence in performing the requested services. The submission shall include:
• The names of key staff members who participated in the listed projects and their specific responsibilities as they relate to this Scope of Services. • A summary of the firm’s demonstrated capability, including length of time that the firm has provided the services being requested in this Request for Proposal. • A minimum of three (3) references from clients who have received similar services from the firm. The City of Richmond reserves the right to contact any of the listed organizations or individuals. The reference information provided shall include:
o Client name and contact information, including phone number, address, and email address.
o A description of the services provided, including the contract amount. o Project start and end dates.

F. Cost Information
Provide the total direct and indirect costs to complete all tasks identified in the scope of services. Even if the method of payment to the proposer will be a fixed fee, a detailed cost breakdown shall be provided identifying:
• The number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this project. • All other direct costs, such as materials and reproduction costs; • Sub-consultant services, if applicable.

These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the original quote given by the selected Vendor.

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

G. Value Added Services
Please provide any additional services of benefit not specifically required herein, which the Respondent offers to provide.
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H. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Proposers intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Proposer will employ to ensure that any subcontractor complies with the provisions of Proposer’s contract with the City.

I. Previous Contracts with the City of Richmond
The proposer shall submit a list which indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond ’s assigned Project Manager, and contract value.

J. Exceptions to this Request for Proposals
The proposer shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment B). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted.

Failure to make exceptions to the RFP or Standard Services Agree ment within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

K. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer ’s and sub- consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third -party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, the proposer is required to disclose any pending or active investiga tions or litigation that may affect the reputation or ability of the proposer to carry out the Project.

Process for Submitting Proposals
Questions Concerning Request for Proposals
All questions must be submitted via the electronic BidsOnline system on the Question & Answer tab by 4:00 P.M. PST, Friday, May 23, 2025. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail notification of addendum.

Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by Monday, June 2, 2025. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible 188

Addenda to the RFP that may have been posted.

Any party submitting a proposal shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, bid submittal, and review process may have their proposal rejected for violating this provision of the RFP.

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

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

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

The proposal must be received no later than 4 :00 P.M., local time, on Monday, June 9, 2025.

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

General Guidelines
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond.

The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contra ct. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:
• Reject any or all proposals.
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• Issue subsequent Requests for Proposal.
• Postpone the proposal opening for its own convenience. • Remedy technical errors in the Request for Proposal process. • Negotiate with any, all, or none of the respondents.
• Solicit best and final offers from all or some of the respondents. • Select one or more respondents.
• Accept a proposal other than the one with the lowest proposed fees. • Waive informalities and irregularities in proposals.

Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret a t the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment A . The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

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

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

2.65), which are incorporated into the Contract Documents by this reference. 190

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment D) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).

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

Collusion
By submitting a proposal, each r espondent represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the r espondent has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the r espondent has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.

Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials produced for the Project shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in p art for the Project shall be subject to private use, copyrights or patent rights by Respondent in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this project.

Proposal Evaluation and Selection Process
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements do not meet minimum content and quality standards or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration.

Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.
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Applicants submitting proposals in response to this RFP are strictly prohibited from contacting or lobbying any City Council members, review panel members, City employees (except for designated contacts specified in the RFP), or City agent s regarding this solicitation. Any attempt to influence or circumvent the RFP process, application submittal, or review process may result in disqualification from consideration.

The highest-ranked proposals may be invited to deliver a presentation to the evaluation panel, either in person at a designated City office and/or via a video conferencing platform (e.g., Zoom), contingent on the City's direction. All presentation costs shall be borne by the proposer. The final selection will be based on the most cost -effective approach that meets the City’s requirements. The lowest -priced proposal will not necessarily be selected.

The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow ‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request Best and Final offers based upon improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Evaluation Criteria Points (Out of 100) Percentage (%) Total Methodology 25 25%
100
Points
Background and Project Summary 20 20%
Staffing 20 20%
Qualifications 15 15%
Cost Proposal 20 20%
Background and Project Summary – 25 Points
Consideration will be given based on the firm’s experience, years in business, past and current client references, technical expertise, and professional competence in areas directly related to this RFP. Additional factors include:
• Number of years of experience performing similar work. • Performance on past contracts of comparable nature, magnitude, and complexity.

Methodology – 20 Points
The proposer’s responsiveness to the RFP, including the completeness and thoroughness of the proposal, will be evaluated. All required information must be provided in the specified format. This category will also assess:
• Ability to provide services as outlined in the RFP.
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• Approach and proposed methodology for executing the project scope. • Demonstrated knowledge of the work required.
• Clarity in explaining the project or services required. • Innovative approaches and internal measures for ensuring the timely completion of the project.

Staffing – 20 Points
Respondents should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. This category will evaluate:
• Qualifications and relevant experience of key personnel. • Unique qualifications of team members.
• Staff availability and time commitment of key personnel. • Organizational structure, including an organization chart.

Qualifications – 15 Points
This category will assess the respondent’s ability to assume the responsibilities outlined in the Scope of Services and produce the required outcomes within the specified timeline.

Consideration will be given for:
• The overall quality of the proposal, including a demonstrated understanding of the purpose, scope, and objectives of the services to be performed. • The respondent’s track record in successfully executing contracts of similar nature and complexity.
• The firm’s ability to meet deadlines and maintain satisfactory progress. • The City of Richmond’s evaluation of whether the respondent has the requisite experience, capacity, and resources to successfully complete the work.

Cost Proposal – 20 Points
The proposed cost will be evaluated based on competitiveness, cost -effectiveness, and alignment with the proposed scope of services. The evaluation will also consider whether the proposed pricing structure is reasonable and commensurate with the level of services to be provided.

Interview and Demonstration Process
Upon request of the City of Richmond, vendors may be requested to give an oral presentation/demonstration on vendor’s proposal, which would include a detailed analysis of how each of the RFP requirements would be addressed should the proposal 193

receive the award. The demonstration shall be conducted at no cost to the City. The purpose of the demonstration is to observe the system in an operational environment and to verify its capability, suitability, and adaptability to the performance requirements stipulated in this solicitation.

The City will schedule the presentation date, time, and location with the successful finalists. If the vendor fails to perform the demonstration on the specified date stipulated, the City may elect to reject the proposal or to re- schedule the demonstration in its best interest.

Vendors are not guaranteed an opportunity to demonstrate. Vendors may be eliminated from consideration based solely on inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the system in conformance with the specifications and its decision shall be final.

Pre-Award Negotiations
After the proposals are opened but before an award is made, the City may elect to conduct negotiations with the highest-ranked respondent for the purpose of:
• Resolving minor differences and obtaining additional information. • Clarifying necessary details and responsibilities.
• Emphasizing key issues and critical points.
• Receiving assurances from the respondent.
• Clarifying cost and budget-related matters.

If the City cannot successfully negotiate a contract with the highest ranked respondent , the City may begin negotiations with the second highest ranked respondent.

Selection may be made without further discussion, negotiations, or proposal presentations; therefore, the proposal shall offer the most favorable terms in response to this RFP. The proposal must demonstrate an understanding of the scope of services to be provided and the ability to accomplish the tasks set forth. The proposal shall include information that will enable the City to determine the overall qualifications of the proposer.

The City reserves the right to request additional information or clarification on any matter included in the proposal response to arrive at the final award decision.

Award
When the Review Panel has completed its work, City staff will then recommend a Fiscal Sponsor for the Immigrant Legal Services and Resources Program to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment B). 194

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

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July 1, 2025

Department

DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Patrick Seals, Administrative Chief
Nicholas Delgado, Associate Management Analyst
SUBJECT:

ECIA Grant Award Recommendations for Fiscal Year
2025-26 (Category 1, 2 & 4)
FINANCIAL IMPACT: A total of $750,000 is allocated for the Fiscal Year 2025- 2026 grant cycle (Account String: 11771018-400201
2A111)

PREVIOUS COUNCIL
ACTION:

December 17, 2024

STATEMENT OF THE
ISSUE:

On July 29, 2014, the City and Chevron Products Company entered into the initial Chevron Modernization Project
Environmental and Community Investment Agreement
(ECIA). Under the ECIA, a competitive grant program was established to fund community programs focused on
community, youth, and youth sports. Staff is bringing forth a subsequent funding recommendation from the ECIA
Grant Review Committee for the FY 2025-2026 Richmond
ECIA Community Grant Program for final review and
approval by the City Council.

RECOMMENDED ACTION:

APPROVE a recommendation from the Environmental &
Community Investment Agreement (ECIA) Grant Review
Committee for Fiscal Year 2025-2026 grant awards to 28
organizations in an amount not to exceed $750,000;
ADOPT a resolution and AUTHORIZE the City Manager
to negotiate and execute Grant Service Agreements with
approved grantees – City Manager’s Office (Patrick
Seals/Nicholas Delgado 620-6512).

AGENDA
REPORT
196

July 1, 2025
DISCUSSION:

Background

The ECIA provides $90 million in revenue to Richmond over a 10-year period. From this total, $6 million is allocated to fund the competitive grant program.

The FY 2025-2026 grant cycle is allocated in the following ways:

Grant Award
Options
Eligibility Award Decision
Made By
Award Range Total Award
Amount

1 Competitive
Grant Awards
(Relevant for this
Staff Report)

Non-profit organizations
reporting gross receipts of
equal to or less than
$50,000 annually (990N)
City Council
(Recommendations
made by ECIA
Review Committee)
$5,000 - $50,000

$500,000

2 Competitive
Grant Awards
(Relevant for this
Staff Report)

Non-profit organizations
reporting gross receipts of
more than $50,000
annually (990/Audited
Financials)
City Council
(Recommendations
made by ECIA
Review Committee)
3 City Council
Approved
Awards

Organizations that applied
for the ECIA Grant
(categories 1 and 2) but
where not recommended
for funding
City Council
Amounts based
on Council
discretion
$ 50,000
4 Community
Services Mini-
Grant Awards

Non-profit organizations
with 501(c)(3) tax status
with programming
connected to the
Community Services
Department
Community
Services
Department Up to $5,000 $ 150,000
TOTAL $750,000

On December 17, 2024, the City Council approved the Fiscal Year (FY) 2025-2026 Environmental and Community Investment Agreement (ECIA) competitive grant program annual allocation of $750,000 and authorized the release of the Request for Application and Guidelines (Attachment 1).

Outreach and Technical Support

Information about the FY 2025-2026 ECIA grant cycle was posted to the City’s website, presented in the City Manager’s Weekly Report, and emailed through various listservs to inform as many organizations as possible of the ECIA grant.

197

July 1, 2025
Also, City staff members hosted two (2) workshops that focused on completing the ECIA grant application. All grant-related materials and video-recorded training sessions were posted on the City’s ECIA grant webpage.

Evaluation Process

The ECIA grant application was released on January 2, 2025, and applications were due on February 9, 2025. A total of 75 grant applications were received of which 73 eligible applications were submitted to the ECIA Grant Review Committee (Committee) for evaluation and scoring in April 2025.

 Total Points Available: 110 Points
o Program/Project Description and Concept (Total 40 points) o Impact and Goals (Total 40 points)
o Financial Viability (Total 20 points)
o Richmond-based (10 extra points)

Committee members submitted their scores and evaluations to City staff members in May 2025. City staff members totaled and averaged the scores for each application and generated rankings (a ranking of 1 denoting the highest average score overall, a ranking of 2 denoting the second highest average score overall, etc.).

FY 2024-2025 ECIA Grant Award Recommendations

The Committee is recommending that the following 28 organizations receive a total of $691,224 in funding at the “ECIA Committee Recommendation” level for the FY 2025- 2026 grant cycle for Category 1 ($230,000) Category 2 ($301,224) and Category 4 ($160,000).

198

July 1, 2025
Category 1 (990N) Recommendations
Organizations with gross receipts less than $50,000
Organization Name Project Titles Requested
Amount
ECIA Committee
Recommendation

Hurlbut Benevolent
Foundation
Youth Nutrition Assistance
Program
$30,000 $30,000
Atchison Village Football
Club

After School Soccer Club $50,000 $50,000
Got Goals Inc! Youth Leadership and Career
Readiness Program
$50,000 $50,000
Just Imagine Kidz

Nia Academy $50,000 $50,000
P.U.R.E Youth Group

Youth Voice Matters $50,000 $50,000
TOTAL $230,000 $230,000

Category 2 (990) Recommendations
Organizations with gross receipts greater than $50,000
Organization Name Project Titles Requested
Amount
ECIA Committee
Recommendation

Easter Hill United
Methodist Church
Freedom School $46,000 $46,000
Early Childhood Mental
Health Program*
Circle of Care $50,000 $50,000
Children's Art Studio
Richmond
Children’s Art Studio $15,224 $15,244
West Contra Costa
Public Education Fund*
Long Term English Learner
(LTEL) Student Support Program
$50,000 $50,000
Richmond United Soccer
Club
Soccer Safety $50,000 $50,000
Shooting Stars
Foundation
Financial Literacy Camp $40,000 $40,000
New Life Movement Designer of the Year $50,000 $50,000 TOTAL $301,224 $301,224

199

July 1, 2025
Category 4 Recommendations
Mini Grant recipients
Organization Name Project Titles Requested
Amount
ECIA Committee
Recommendation

Black Girls Mental
Health Foundation
BIRTH Network $10,000 $10,000
Keyz 2 the Future Be Smart Health and Wellness $10,000 $10,000 New Life Movement Downtown Youth Resource
Consortium
$10,000 $10,000
Headwaters Science
Institute
STEM Field Days $10,000 $10,000
Bad Business Model
Bikes
Bike Education $10,000 $10,000
Rosie's Service Corp
Leaders
Youth Leaders Holiday Event $10,000 $10,000
Bay Area Creative Igniting Creativity and Confidence $10,000 $10,000 Richmond United Soccer
Club
Soccer Field Usage $10,000 $10,000
Motivated 2 Help Others Game Changers STEM Program $10,000 $10,000 American Youth Soccer
Organization
AYSO PLAY! $10,000 $10,000
Rob Skate Academy Rob Skate Afterschool Program $10,000 $10,000 T-Bone Bucket Boyz Bucket Boyz Girlz Basketball $10,000 $10,000 Bay Area Community
Resources
Discovering the Reality of Our
Community
$10,000 $10,000
San Pablo Cowboys
Football
San Pablo Cowboys $10,000 $10,000
Community Violence
Solutions
Youth Violence Prevention $10,000 $10,000
Got Goals! Parent Retreats and Education $10,000 $10,000 TOTAL $160,000 $160,000
200

July 1, 2025
*Organizations who reported annual budgets over $750,000 (per last completed 990s or audited financials).

Next Steps

After approval of the grant award recommendations by City Council, City staff members will enter into grant agreements with awardees. City staff members will manage the contract processes which include, but are not limited to, entering into contracts with grantees, contract administration, serving as a point of contact for all grantees, conducting site visits, reviewing progress reports, and reviewing and approving invoices.

DOCUMENTS ATTACHED:

Attachment 1 – FY 2025-2026 ECIA Grant Application
Attachment 2 – FY 2025-2026 ECIA Grant Guidelines
Attachment 3 – FY 2025-2026 ECIA Grant Program Evaluation Matrix and Ranking (Category 1, 990N; Category 2, 990; Category 4, Mini Grants) Attachment 4 – Resolution Authorizing the City Manager to enter into Grant Service Agreements with the FY 2025-2026 ECIA Grant Awardees

201

FY 2025-26 ECIA Grant Application - 1-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

APPLICATION DEADLINE: Sunday, February 9, 2025, NO LATER THAN 11:59 p.m.

SECTION I – ORGANIZATION INFORMATION

Community-Based Organization Information (Applicant Information):

Fiscal Sponsor (Organization with 501(c)(3) tax status:

Name of Organization:

Click here to enter text.

Executive Director Name:

Click here to enter text.

Organization Address:

Click here to enter text.

Project Manager Name (primary contact for
the grant):

Click here to enter text.

Project Manager Title:

Click here to enter text.

Phone Number:

Click here to enter text.

Email Address:

Click here to enter text.

Program/Project Budget:

Program/Project Budget:
$ Click here to enter text.

Amount of Grant Funds requested:
$ Click here to enter text.

Organizational Budget:
$ Click here to enter text.

Fiscal-Sponsor Budget (If applicable):
$ Click here to enter text.

Program/Project:

Program/Project Title: Click here to enter text.

Program Project Summary (50-word limit): Click here to enter text.

% of Richmond Residents Served by Your Proposed Program/Project?: Click here to enter text.

Will Your Program or Project Serve Youth (through age 21)?: Click here to select “Yes” or “No”

Please select one (1) category that BEST describes the type of project or program that your organization plans to provide with the requested grant funds from the drop-down list:

CLICK HERE and Select the program category from the drop-down.

Name of Organization:

Click here to enter text.

Executive Director Name:

Click here to enter text.

Organization Address
Click here to enter text.

Project Manager Name (primary contact for
the grant):

Click here to enter text.

Project Manager Title:

Click here to enter text.

Email Address:

Click here to enter text.

Phone Number:

Click here to enter text.
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FY 2025-26 ECIA Grant Application - 2-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

SECTION 2 – PROGRAM/PROJECT DESCRIPTION

a. Provide information about your organization (e.g., number of years in operation, description of services provided and the population served).

Click here to enter text.

b. Describe in detail the program or project your organization is proposing to implement with the grant funds. Clearly list the major components or aspects of your program or project.

Click here to enter text.

c. Provide a timeline for project implementation using the template below. Include specific tasks/activities that will be accomplished within each quarter.

Task/Activities Month

1st Term (July 1– December 31)
Click here to list, bullet, or number entries. Click here to list corresponding dates.
2nd Term (January 1– June 30)
Click here to list, bullet, or number entries. Click here to list corresponding dates.

d. List the staff members responsible for the implementation of the program or project. Briefly describe the staff’s experience working on the proposed program/project and/or similar projects. Include résumés or provide descriptions of work experience with each copy of the application.

Click here to enter text.

e. If you plan to collaborate with other entities (i.e. , non-profits, governmental entities, private entities) to implement your program or project, please complete the table below.

Note: A letter of collaboration must be included as a part of your application ONLY IF your organization plans to partner with a government entity(ies) (e.g., city, state, county, school district, etc.).

Partner Specific Role:

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

Click here to enter text. Click here to enter text.

203

FY 2025-26 ECIA Grant Application - 3-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

SECTION 3 – PROJECT IMPACT AND GOALS

a. Describe the target population and geographic area that your organization plans to serve with the grant funds and what impact the proposed program or project will have on the target population.

Click here to enter text.

b. List the number of individuals that will be served as a result of your program or project.

Total Number of Individuals Served by
Proposed ECIA Funded Program or
Project
Total Number of Richmond Residents
Served by Proposed ECIA Funded
Program or Project
Click here to enter text.

Click here to enter text.

c. List the major program or project goal(s) and how your organization will measure if you reach your desired goal. The goal should be measurable and data-driven. There should be at least one (1) expected outcome per major program or project component.

Major Program
Component(s)
Major Program
Outcome(s)
Indicator/
Measurement
Goal Evaluation
Method
Click here to enter text. Click here to enter
text.

Click here to
enter text.

Click
here.

Click here to enter
text.

Click here to enter text. Click here to enter
text.

Click here to
enter text.

Click
here.

Click here to enter
text.

Click here to enter text. Click here to enter
text.

Click here to
enter text.

Click
here.

Click here to enter
text.

d. How will your organization assess or gauge the success of your pr ogram/project at its completion?
Click here to enter text.

e. How do you plan to sustain the program or project after the grant funds are expended? Click here to enter text.

SECTION 4 – FINANCIAL VIABILITY

a. Attach your organizational budget to each copy of the application . The organizational budget can be submitted in any format as long as it shows revenue and expenditures for your organization’s current operating year.

b. Complete the program budget table using the provided MS Word or MS Excel template to complete the table.

204

FY 2025-26 ECIA Grant Application - 4-

2025-2026 ECIA COMMUNITY

GRANT PROGRAM APPLICATION

ECIA GRANT APPLICATION SUBMISSION ACKNOWLEDGMENT

This page should be included in your application packet. It will not count toward your page limit.

By submitting this application and the supporting application materials, you agree that:

 You are an Officer on the Board of Directors of the organization submitting the grant application

 You have thoroughly read and understand the grant program guidelines and application questions and City of Richmond requirements (business license, insurance, and grant agreement)

 All questions contained in the application have been answered and the following required documents are included as part of our application packet:
☐Completed application (all sections completed and questions answered, including resumes)
☐Organizational budget
☐Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service)
☐Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N. Reviewed or compiled annual financial statements are allowable for faith-based organizations.
☐List of Board of Directors and their affiliations
☐Letter describing and authorizing collaboration with a governmental entity(ies), if applicable
☐Signed agreement between the organization and the fiscal sponsor, if applicable

 Your organization will obtain comprehensive background checks and/or fingerprinting of all employees and/or volunteers.
 Volunteers that work directly with youth or such other vulnerable populations. (For applicable organizations requesting funds to support an existing or new youth program and/or program that works with other vulnerable populations.)

 To the best of your knowledge, the information included as part of this application is true and accurate
------------------------------------------

Click here to enter Organization Name.

Click here to enter a date from drop-down.

Click here to enter Name of Board Officer.

Click here to enter Title of Board Officer.

Signature – Officer of Board
205
Guidelines FY 2025-2026 ECIA Grant -1-

FY 2025-2026

RICHMOND - ENVIRONMENTAL & COMMUNITY INVESTMENT

AGREEMENT (ECIA)

COMMUNITY GRANT PROGRAM GUIDELINES &

APPLICATION

REQUEST FOR APPLICATION (RFA)

All interested applicants should check the City’s ECIA website (www.ci.richmond.ca.us/ECIAgrants) to ensure that they receive any addendums to this RFA, emails or special announcements.

Application is due on Sunday, February 9, 2025, at 11:59 p.m. (NO EXCEPTIONS)

Materials must be submitted electronically to:

www.ci.richmond.ca.us/ECIAapplications

206
Guidelines FY 2025-2026 ECIA Grant -2-

RICHMOND - ECIA COMMUNITY GRANT PROGRAM
FY 2025-2026 GRANT GUIDELINES AND APPLICATION

Table of Contents

ECIA Background ........................................................................... 3

Eligibility Requirements ................................................................... 4

Grant Award Amounts and Categories ........................................... 4

Eligible Uses of Grant Funds .......................................................... 5

Ineligible Uses of Grant Funds ........................................................ 5

Fiscal Sponsorships ........................................................................ 6

Collaborating Organizations ............................................................ 7

Application Submission Requirements ............................................ 7

Application Submission Details ....................................................... 8

Payment Provisions ........................................................................ 8

Review Criteria ............................................................................... 9

Application Review and Selection Process ....................................10

Application Deadline ..................................................................... 11

Late Application or Modification to Applications ............................ 11

Applicant Assistance Prior to Due Date ........................................ 11

Schedule ....................................................................................... 11

Questions or Addendums to the Applications ............................... 11

Grantee Requirements .................................................................. 12

City Staff Contact .......................................................................... 12

General Terms and Conditions ..................................................... 13

Exhibits ......................................................................................... 14 207
Guidelines FY 2025-2026 ECIA Grant -3-

RICHMOND - ECIA COMMUNITY GRANT PROGRAM
FY 2025-2026 GRANT APPLICATION GUIDELINES

ECIA BACKGROUND

On July 29, 2014, the Richmond City Council approved the Chevron Environmental and Community Investment Agreement (ECIA), which will invest $90 million dollars to the Richmond community over 10-years. The ECIA includes investments in community programs, a scholarship program, competitive community grants, community-based greenhouse gas reduction programs, and a photovoltaic solar farm.

The ECIA specifies the amount and disbursement timeline of Chevron’s funding obligation, as well as funding allocations over a ten-year period (beginning in 2016) for the following programs:

• Scholarship program - $35 million
• Electric City and Easy Go - $18 million
• Roof-top solar, energy retrofit, zoning ordinance update - $6.25 million • Job training program - $6 million
• Competitive grant program - $6 million
• Transportation and transit programs - $2.75 million
• Public safety programs - $2 million
• Urban Forestry - $2 million
• Free internet access - $1 million
• Climate Action Plan - $1 million

It is proposed that $650,000 is allocated for the FY 2025-26 grant cycle.

It is the goal of the Richmond City Council to provide opportunities for organizations with varying capacities and financial needs to have access to ECIA grant funds. ECIA grant funds are awarded on an annual basis and therefore, organizations should not become reliant on this funding source. All Richmond-serving non-profit organizations are eligible to apply for funding; however, in an attempt to fund a variety of organizations, the City Council would like to allocate the majority of the available grant funding to organizations that have smaller annual budgets, greater needs for capacity building and limited staffing, and that might not have access to other forms of funding.

208
Guidelines FY 2025-2026 ECIA Grant -4-

ELIGIBILITY REQUIREMENTS

Organizations must meet the following conditions to be eligible to apply for a grant:

• Provide services focused on the community, youth and/or youth sports to Richmond and North Richmond residents

• Operate as a non-profit entity with 501(c)(3) tax status with current financial statements (i.e., Filed I.R.S. Form 990 or 990-N or current audited financials). Fiscal sponsors can be used.

• Provide services to Richmond residents (Richmond-serving)  A minimum of 80 percent of the organization’s proposed grant-funded programs/services must be provided to Richmond residents. If awarded an ECIA grant, grant funds can only be spent serving Richmond residents.

• Note: Organizations that received an ECIA grant award of more than $10,000 during the previous (FY 2024-25) ECIA grant cycle are ineligible to apply in the current grant cycle (FY 2025-26).

GRANT AWARD AMOUNTS AND CATEGORIES

Grant allocation amount: The amount available for the FY 2025-2026 grant cycle (July 1, 2025 – June 30, 2026) is $650,000.

Minimum and maximum grant awards: The minimum grant award is $5,000. The maximum grant award is $500,000. The number of awards available will be determined based on the amount of each award.

Number of applications per grant cycle: Organizations may submit only one application per grant cycle.

Award categories: $650,000 available for grants is allocated over four different categories listed below. Categories 1 and 2 are relevant to this Request for Application:

209
Guidelines FY 2025-2026 ECIA Grant -5-

Grant Award
Options
Eligibility Award Decision
Made By
Award Range Total Award
Amount

1 Competitive
Grant Awards
(Relevant for this
Application)

Non-profit organizations
reporting gross receipts of
less than $50,000
annually
City Council
(Recommendations
made by ECIA
Review Panel)
$10,000 -
$100,000

$500,000

See Special
Note Below
2 Competitive
Grant Awards
(Relevant for this
Application)

Non-profit organizations
reporting gross receipts of
more than $50,000
annually
City Council
(Recommendations
made by ECIA
Review Panel)
3 City Council
Approved
Awards

Organizations that applied
for the ECIA Grant
(categories 1 and 2) but
were not recommended
for funding
City Council Amounts based
on Council
discretion
$ 50,000
4 Community
Services Mini-
Grant Awards

Non-profit organizations
with 501(c)(3) tax status
with programming
connected to the
Community Services
Department
Community
Services
Department
Up to $10,000 $ 100,000
TOTAL $650,000

SPECIAL NOTE:

• A maximum of $100,000 in grant awards is available to organizations with annual budgets over $750,000 (per last completed 990s or audited financials).

ELIGIBLE USES OF GRANT FUNDS

Grants will be awarded to projects or programs in the following areas:
 Youth programs (through age 21)
 Youth sports programs (through age 21)
 Community-focused programs

*Youth-serving organizations are defined as those organizations where 80% of ECIA grant-funded programs/services will be provided to youth (birth through age 21)

Examples of eligible projects or programs include but are not limited to:
• Youth enrichment projects
• Summer camps
• Youth sports programs
210
Guidelines FY 2025-2026 ECIA Grant -6- • Programs that support health and wellness and eliminate health disparities • Bike and pedestrian pathway enhancements and construction projects • Programs that support students and parents at Richmond schools • Service- learning programs
• Gardening and urban greening projects

INELIGIBLE USES OF GRANT FUNDS

Grant funds may not be used for the following reasons:

• Repayment of existing debt or pre-existing tax liens or obligations • Legal, loan, or bank fees
• Subsidization of existing contracts
• Political campaigns or lobbying
• Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated groups)
• Fundraisers or other events not open to the general public • A project or program which is clearly intended for commercial gain • A project or program that occurs before or after the grant award period • Support of individuals
• For businesses established for personal benefit or profit • To support annual fund drives
• To fund an agency’s deficit or endowment
• To repay loans
• Furniture
• Cell phones
• Bonuses
• For the direct support of religious activities. Secular activities offered to the Richmond community that is provided by religious organizations regardless of congregational membership or statements of belief may be eligible for grant funds.

FISCAL SPONSORSHIPS

What types of organizations should utilize a fiscal sponsor? • A non-governmental organization (sponsoree) that does not have 501(c)(3) tax status must utilize a fiscal sponsor to apply for this grant. It is the sole responsibility of the sponsoree to find an organization with 501(c)(3) tax status that is willing to serve as a fiscal sponsor.

What is fiscal sponsorship?
• F iscal sponsorship allows organizations without 501(c)(3) tax status to apply for the ECIA grant, as well as other grants that require an organization to have such status. • A fiscal sponsorship agreement should be entered into between the sponsoree and an organization that has 501(c)(3) tax status.
211
Guidelines FY 2025-2026 ECIA Grant -7- • The fiscal sponsorship agreement allows the sponsoree to raise tax-deductible contributions through grants and individual donations.
• Tax-deductible funds are given to the fiscal sponsor and restricted to the use of the sponsoree.

How does a fiscal sponsorship work for the ECIA grant process?:
• The fiscal sponsor will serve as the applicant. Fiscal sponsors will enter into a grant services agreement with the City of Richmond and must meet all requirements and submit all required documents.
• A signed agreement between the sponsoree and fiscal sponsor must be included in the submitted application. The organization actually implementing the program and performing the services will act as the sponsoree or fiscal sponsor’s sub-grantee. • Fiscal sponsors can also apply for grants.
• In addition to requesting funds for its own purposes, organizations may also act as a fiscal agent for other organizations.

COLLABORATING ORGANIZATIONS

Through this grant program, the City strongly encourages applicants to collaborate with other organizations. Collaboration is a mutually beneficial relationship to meet a common goal. Collaboration can come in many forms, from information sharing to joint programming. It can help organizations reduce redundancy in service sectors, leverage resources, share strengths, and increase efficiencies.

For purposes of this grant, when partnering with another organization, the application and budget of the lead organization will be considered for review and determination of funding. Therefore, the partnering organization is free to apply independently for funding for another project or program.

If the successful implementation of your proposed ECIA grant-funded program is dependent on the collaboration with a governmental entity (i.e., state, county, city, school district, etc.), then a written agreement authorizing the collaborative relationship must accompany your grant application. At a minimum, the agreement should contain the following information: names of the government entity(ies) or agency(ies) which will participate in the collaboration, contact information for the partner(s), and a description of the primary purpose of the collaboration. For example, if the implementation of your proposed program is contingent upon working at a school in the West Contra Costa County Unified School District or utilizing space at a Richmond recreation center, then a letter from the collaborating entity must agree to the proposed partnership.

APPLICATION SUBMISSION REQUIREMENTS

The following materials must be submitted as part of a complete application packet by 11:59 p.m. on Sunday, February 9, 2025, to be considered for funding (feel free to use this section as a check -list). The inability to adhere to the requirements below may impact an organization’s overall scores:
212
Guidelines FY 2025-2026 ECIA Grant -8- • Completed application
o Eight (8) pages
o Applicant Organizational Budget
o Applicant Program Budget
• Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service) or fiscal sponsor’s corresponding documents • Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N for tax-exempt organizations whose gross receipts are typically $50,000 or less or fiscal sponsor’s corresponding documents. Faith-based organizations may submit reviewed or annual financial statements. • List of Board of Directors and affiliations or fiscal sponsor’s corresponding documents
• Letter describing and authorizing collaboration (if with a governmental entity), if applicable
• Signed agreement between the organization and the fiscal sponsor, if applicable

Note: City staff will confirm that the organization has filed the required document(s) in California and is authorized to carry out its business activities (California Secretary of State - https://businesssearch.sos.ca.gov and the State of California Department of Justice - https://oag.ca.gov/charities). Applications submitted by organizations not identified with “active” or “current” status may be disqualified.

For organizations with 501(c)(3) tax status, City staff may check websites such as the Internal Revenue Service at www.irs.gov and GuideStar at www.guidestar.org to gather
additional information about the applicant organization.

APPLICATION SUBMISSION DETAILS

• Submit completed grant application (include budgets and résumés and/or descriptions of work experience with the application) and a set of all additional required documents. • The responses to the application questions shall be limited to eight (8) pages. This page limit is not inclusive of budgets, résumés, descriptions of work experience, or documents requested as part of the application.
• Staff will correct organizational budget to financial statements submission with the application.
• All submitted materials should be typed in a 12 point font size and Arial font style.

Applications must be easily reproducible on a standard copying machine. • All costs incurred in the preparation of an application are the applicant’s responsibility. • Applications must be completed and submitted electronically via www.ci.richmond.ca.us/ECIAapplication by Sunday, February 9, 2025, at 11:59 p.m.

Applications received after this date and time will not be considered and will not be eligible for review and scoring by the Review Panel.

213
Guidelines FY 2025-2026 ECIA Grant -9-

PAYMENT PROVISIONS

An initial advance payment of fifty percent (50%) of the total award amount will be advanced to all grantees as part of the application award process. Grantees receiving an advance payment may be eligible for an additional advance of thirty-five percent (35%) of the award amount, contingent upon the submission of complete and adequate reporting and invoicing documentation. The remaining fifteen percent (15%) will be reserved until the completion of the grant program and final submittal of all required documentation.

Payments will only be made for the eligible items and amounts specified in the approved grant agreement budget and a manner consistent with the payment provisions contained in the executed grant agreement.

REVIEW CRITERIA

All submitted applications, which comply with the grant requirements, will be evaluated and rated using the criteria listed below. The maximum score that an application can receive is 110 points. This includes 100 points from criteria areas #1-5 and an extra 10 points if the organization is Richmond-based (10 points)

Total Points Available for Criteria Areas #1-5: 100 Points

1. Program/Project Description and Concept (Total 40 points) • Applicant adhered to all stated guidelines
• A pplication is complete, clear and understandable
• Program/project description and components are clearly stated and specific • Timeline is practical, and the proposed activities are well defined and technically feasible
• Management and staff are qualified to implement the project or program and achieve stated goals
• Staff has experience working on the project or program and/or similar programs or projects
• A collaborative initiative is described to deliver the program or project

2. Impact and Goals (Total 40 points)
• The program or project has the ability to positively contribute to the targeted population
• Goals are clearly articulated and measurable
• An evaluation component is included and connected to the program goals • The organization has a plan on how to sustain the program or project after grant funds are expended

3. Financial Viability (Total 20 points)
• Program/project budget and organizational budgets are included, clearly defined, cost-effective, accurate and realistic
214
Guidelines FY 2025-2026 ECIA Grant -10- • R elationship between grant funds requested and the program budget is clearly shown

Total Extra Points Available to Richmond-based organizations (10 Points) • Richmond-based is defined as maintaining principal offices, studios, or other facilities within the boundaries of the City of Richmond. Applicable to organizations providing services (sponsoree), not fiscal sponsors.

APPLICATION REVIEW AND SELECTION PROCESS

The City's overall objective is to award grants to highly qualified organizations that provide needed services to Richmond and North Richmond residents. Within this overall objective, it is also the City’s intent that the selection process is fair and transparent.

Applications will be evaluated and scored by a City Council-approved ECIA Grant Review Panel (Review Panel) consisting of no more than five (5) individuals residing in or employed in Richmond (not City of Richmond employees).

The selection process is divided into the following steps:

1. Applications are received by the due date.

2. All applications are reviewed in depth by City staff for responsiveness, completeness, and satisfaction of eligibility requirements. Based on this review, eligible claims will proceed to the application evaluation process.

3. All complete and eligible applications are forwarded to the Review Panel, which will review and score the applications using the criteria listed in the guidelines and make an award recommendation to City Council. The inability to adhere to the application requirements may impact an organization’s overall scores. Grant awards can be less than the applicant’s original request.

4. The Review Panel’s recommendations are forwarded to the City Council for review, discussion, and approval.

Any party applying shall not contact or lobby any City Council member, ECIA Review Panel member, City official, employee (except those specified for contact) or agent regarding the RFA. Any party attempting to influence or circumvent the RFA, application submittal, and/or review process may have their application rejected for violating this provision of the RFA.

All scores are final. There is no grievance process.

Copies of Review Panel comments and scoring will be made available upon request.

215
Guidelines FY 2025-2026 ECIA Grant -11-

APPLICATION DEADLINE

The deadline to submit an application and all relevant attachments is Sunday, February 9, 2025, at 11:59 p.m. There are no exceptions for applications submitted after the deadline.

LATE APPLICATIONS OR MODIFICATIONS TO APPLICATIONS

Applications submitted after the specified date and time will not be considered.

Organizations assume responsibility for the timely submission of applications and all required documents. Any applications may be withdrawn or modified by a written request signed by the applicant.

APPLICANT ASSISTANCE BEFORE DUE DATE

Capacity Building - The City, recognizing the technical, skill-based components of a grant application process, may provide free capacity-building workshops in 2024. The dates and times of all subsequent workshops will be shared via the City’s ECIA website. Although recommended, organizations are not required to attend any of the capacity-building workshops offered by the City.

SCHEDULE

The schedule associated with the application is below. The City reserves the right to alter this schedule as necessary.

TASK DATE

Application Release Date January 2, 2025
FY 2025-26 ECIA Information Session January 2025
Applications Due (No Exceptions) February 9, 2025, by 11:59 p.m.

Application Review and Scoring March – April 2025
City Council Review and Approval April 2025
Grant Award Notification May 2025
Grant Award Period July 1, 2025 - June 30, 2026

QUESTIONS OR ADDENDUMS TO THE APPLICATIONS

It is strongly recommended that organizations register on the City’s E-Notify Me webpage (http://www.ci.richmond.ca.us/list.aspx
) to ensure that they receive any addendums to or
notifications regarding this RFA or the ECIA grant program.

216
Guidelines FY 2025-2026 ECIA Grant -12- Any requests for clarification or other questions concerning this RFA should be submitted in writing to City staff via [email protected].

GRANTEE REQUIREMENTS

If awarded a grant, organizations will be required to do the following:

• A G rant Service Agreement with specific deliverables will be executed. All organizations are expected to initiate projects within three (3) months of execution of the grant agreement. The scope of work will be based on the application submitted.

• Submit bi-annual progress reports and reimbursement requests (templates will be included as part of the executed grant agreement):
o Progress and Final Report - R eports will be required and must provide detailed information about the services provided. Grantees that do not submit the required reports run the risk of forfeiting their funding. A final report at the conclusion of the project or program is also required.
o F
unding Requests – Requests must include the necessary documents to substantiate the disbursement ( e.g., receipts, timecards, payroll records, etc.).

Grantees that do not adhere to the invoicing requirements run the risk of forfeiting their funding.

• Host City staff and/or members of the Review Panel for one or more site visit and/or program evaluation.

• P ublished program materials shall include the City seal or logo and shall state, “Made possible in part by the Richmond-ECIA Community Grant Program.” The material must be appropriate, relevant, and aligned with the approved project and should be reviewed and approved by City staff before release.

• Complete and submit a W-9 form and Supplemental Vendor Application.

• Obtain a City of Richmond business license. Organizations are responsible for all associated fees. Information can be found at
http://www.ci.richmond.ca.us/66/Business-Licenses
.

• Meet the City of Richmond insurance requirements. Fiscal sponsors, serving as the grantee, must have insurance that covers all actions of the non-profit and/or community-based organization acting as the sub-grantee. Organizations may use grant awards to cover insurance costs.

CITY STAFF CONTACT

For inquiries or clarification regarding this program or application, please contact ECIA staff at [email protected]
or Patrick Seals, Richmond Department of Children
& Youth at (510) 307-8016.
217
Guidelines FY 2025-2026 ECIA Grant -13-

GENERAL TERMS AND CONDITIONS

Background Checks: Organizations that provide services to youth or other vulnerable populations (elderly, people with disabilities, etc.) must require comprehensive background checks and fingerprinting of all employees and/or volunteers that work directly with youth or such other vulnerable populations.

Limitations: All facts and opinions stated herein are based upon available information and no representations or warranties are made with respect to their accuracy or completeness.

The application and the selection process shall in no way be deemed to create a binding contract, agreement, or offer of any kind between the City and the applicant organization.

If the City selects a grantee pursuant to this RFA, any legal rights and obligations between the successful applicant, if any, and the City will come into existence only when a grant agreement is fully executed by the parties, and the legal rights and obligations of each party shall at that time be only those rights and obligations which are set forth in the grant agreement and any other documents specifically referred to in that grant agreement.

Each organization submitting applications in response to this RFA agrees that the preparation of all materials for submittal to the City are at the organization’s sole cost and expense, and the City shall not, under any circumstances, be responsible for any costs or expenses incurred by any candidate. In addition, each organization agrees that all documentation and materials submitted in response to this RFA shall remain the property of the City and may be used by the City for any reason whatsoever. In accordance with California law relating to access to public records, the City may be required to publicly disclose all submitted information and materials to third parties requesting such information.

Award: The City reserves the right to accept or reject any or all applications, to alter the selection process in any way, to postpone the selection process for its own convenience at any time for any reason whatsoever, to waive any defects in any application, to issue a new RFA at any time, or to provide a grant to any organization it deems appropriate in its sole and absolute discretion within or outside of the RFA evaluation process. City reserves the right to terminate a grant agreement within sixty (60) days without cause. All materials submitted become the property of the City and will not be returned. Funds awarded are public funds and any information submitted or generated is subject to public disclosure requirements, including the Public Records Act.

Federal, State and Local Laws: As part of the RFA process, the selected grantee will be required to comply with all applicable federal, state and local laws, including the City of Richmond’s Nondiscrimination Ordinance (Chapter 2.28), Business Opportunity Ordinance (Chapter 2.50), Local Employment Program Ordinance (Chapter 2.56), and Living Wage Ordinance (Chapter 2.60), if applicable. Please contact the City Attorney’s office for further information regarding the above requirements.

218
Summary
Sum of
Total
Scores
Avg. Score
(100)
1 2 3 Rank Organization Requested Rank Organization Requested Organization
Value
Requested
1 Atchison Village Football Club $50,000 0 105 70 83 0 258 86.00 2 Atchison Village Football Club 50,000 1 Hurlbut Benevolent Foundation 30,000 2 Empathy Based School Innovations $50,000 0 35 60 79 0 174 58.00 6 Empathy Based School
Innovations 50,000 2 Atchison Village Football Club 50,000 3 Got Goals Inc! $50,000 0 105 75 70 0 250 83.33 3 Got Goals Inc! 50,000 3 Got Goals Inc! 50,000 4 Hurlbut Benevolent Foundation $30,000 0 95 107 63 0 265 88.33 1 Hurlbut Benevolent Foundation 30,000 4 Just Imagine Kidz 50,000 5 Just Imagine Kidz $50,000 0 62 75 88 0 225 75.00 4 Just Imagine Kidz 50,000 5 P.U.R.E Youth Group 50,000 6 P.U.R.E Youth Group $50,000 0 79 45 87 0 211 70.33 5 P.U.R.E Youth Group 50,000 6 Empathy Based School Innovations 50,000 7 0 $0 0 0 0 0 0 0 0.00 7 0 0 7 0 0
8 0 $0 0 0 0 0 0 0 0.00 8 0 0 8 0 0
9 0 $0 0 0 0 0 0 0 0.00 9 0 0 9 0 0
10 0 0 0 0 0 0 0 0 0.00 10 0 10 0 0
11 0 0 0 0 0 0 0 0 0.00 11 0 11 0 0
12 0 0.00 0 0 0 0 0 0 0.00 12 0 12 0 0
13 0 0 0 0 0 0 0 0 0.00 13 0 13 0 0
Total Grant Money Requested 280,000.00 Total Requested 280,000.00 Total Requested 280,000.00 1 2 3

0.00 80.17 72.00 78.33 0.00
Total Scores Per Reviewer (100) Overall Rankings Overall Rankings Average Scores per Reviewer
CAT 1 -990N
219
Summary
Sum of Total
Scores
Avg. Score
(100)
#SPILL! 1 2 3 Rank Organization Requested Rank Organization Requested Organization
Value
Requested
1 A.B.L.E Community Development Foundation 47,567 0 106 101 84 0 291 97.00 20 A.B.L.E Community Development Foundation 47,567 1 Easter Hill United Methodist Church 46,000 46,000 2 Aspire Education 15,000 0 100 100 90 0 290 96.67 21 Aspire Education 15,000 2 Early Childhood Mental Health Program* 50,000 50,000 3 Bay Area Creative* 17,816 0 100 83 92 0 275 91.67 33 Bay Area Creative* 17,816 3 Children's Art Studio Richmond 15,224 15,224 4 Bay Area Derby 44,374 0 65 82 55 0 202 67.33 49 Bay Area Derby 44,374 4 West Contra Costa Public Education Fund* 50,000 50,000 5 Berkeley Baby Book Project 10,000 0 92 89 94 0 275 91.67 34 Berkeley Baby Book Project 10,000 5 Greater Richmond Interfaith Program* 10,000 6 Bike East Bay* 13,261 0 99 80 79 0 258 86.00 41 Bike East Bay* 13,261 6 Richmond United Soccer Club 50,000 50,000 7 Bright Futures Growth and Development Fund 50,000 0 78 82 64 0 224 74.67 48 Bright Futures Growth and Development Fund 50,000 7 Rosie the Riveter Trust* 50,000 8 CASA of Contra Costa County* 40,000 0 95 84 76 0 255 85.00 42 CASA of Contra Costa County* 40,000 8 SummerSearch* 50,000 9 Children's Art Studio Richmond 15,224 0 98 106 109 0 313 104.33 3 Children's Art Studio Richmond 15,224 9 Hidden Genius Project* 50,000 10 Coherent Development Research Institute 10,000 0 100 88 90 0 278 92.67 30 Coherent Development Research Institute 10,000 10 Scientific Adventures for Girls* 50,000 11 Community Violence Solutions* 50,000 0 94 96 83 0 273 91.00 35 Community Violence Solutions* 50,000 11 Shooting Stars Foundation 40,000 40,000 12 Contra Costa Senior Legal Services* 40,383 0 98 95 93 0 286 95.33 24 Contra Costa Senior Legal Services* 40,383 12 New Life Movement 50,000 50,000 13 Contra Costa Youth Journalism 12,600 0 99 57 75 0 231 77.00 47 Contra Costa Youth Journalism 12,600 13 Richmond Community Tennis Association 50,000 14 Early Childhood Mental Health Program* 50,000 0 107 103 107 0 317 105.67 2 Early Childhood Mental Health Program* 50,000 14 Richmond Steelers Footbal and Cheer 25,000 15 Easter Hill United Methodist Church 46,000 0 108 104 109 0 321 107.00 1 Easter Hill United Methodist Church 46,000 15 RotaCare Bay Area* 50,000 16 Fierce Advocates* 34,505 0 98 105 90 0 293 97.67 17 Fierce Advocates* 34,505 16 Youth Code Now 50,000 17 Fresh Approach* 49,852 0 94 75 79 0 248 82.67 44 Fresh Approach* 49,852 17 Fierce Advocates* 34,505 18 Greater Richmond Interfaith Program* 10,000 0 103 110 97 0 310 103.33 5 Greater Richmond Interfaith Program* 10,000 18 House of Loving Hands 30,000 19 Headwaters Science Institute* 50,000 0 100 99 82 0 281 93.67 28 Headwaters Science Institute* 50,000 19 Mindful Life Project 50,000 20 Hidden Genius Project* 50,000 0 100 95 108 0 303 101.00 9 Hidden Genius Project* 50,000 20 A.B.L.E Community Development Foundation 47,567 21 House of Loving Hands 30,000 0 94 105 94 0 293 97.67 18 House of Loving Hands 30,000 21 Aspire Education 15,000 22 Inspiring Communities 39,790 0 99 93 89 0 281 93.67 29 Inspiring Communities 39,790 22 Seneca Family of Agencies* 50,000 23 Keyz 2 the Future 50,000 0 97 107 79 0 283 94.33 26 Keyz 2 the Future 50,000 23 StudioFive10 45,000 24 Lacy Community Resources Foundation 30,000 0 94 87 54 0 235 78.33 46 Lacy Community Resources Foundation 30,000 24 Contra Costa Senior Legal Services* 40,383 25 Mindful Life Project 50,000 0 95 99 99 0 293 97.67 19 Mindful Life Project 50,000 25 Young Women's Freedom Center* 50,000 26 New Life Movement 50,000 0 92 105 99 0 296 98.67 12 New Life Movement 50,000 26 Keyz 2 the Future 50,000 27 P.U.R.E (Positivity, Unity, Resource, Education) 50,000 0 70 45 75 0 190 63.33 50 P.U.R.E (Positivity, Unity, Resource, Education) 50,000 27 Washington Elementary PTA 40,000 28 Practice Space* 10,000 0 78 100 90 0 268 89.33 37 Practice Space* 10,000 28 Headwaters Science Institute* 50,000 29 Richmond Certified Farmers Market 50,000 0 92 87 88 0 267 89.00 38 Richmond Certified Farmers Market 50,000 29 Inspiring Communities 39,790 30 Richmond Community Tennis Association 50,000 0 106 80 110 0 296 98.67 13 Richmond Community Tennis Association 50,000 30 Coherent Development Research Institute 10,000 31 Richmond Promise* 50,000 0 103 82 92 0 277 92.33 31 Richmond Promise* 50,000 31 Richmond Promise* 50,000 32 Richmond Quakes Soccer Club 50,000 0 104 81 79 0 264 88.00 39 Richmond Quakes Soccer Club 50,000 32 Tibetan Association of Northern California 38,250 33 Richmond Steelers Footbal and Cheer 25,000 0 98 110 88 0 296 98.67 14 Richmond Steelers Footbal and Cheer 25,000 33 Bay Area Creative* 17,816 34 Richmond United Soccer Club 50,000 0 98 108 103 0 309 103.00 6 Richmond United Soccer Club 50,000 34 Berkeley Baby Book Project 10,000 35 Rosie the Riveter Trust* 50,000 0 109 97 0 0 206 103.00 7 Rosie the Riveter Trust* 50,000 35 Community Violence Solutions* 50,000 36 RotaCare Bay Area* 50,000 0 100 96 100 0 296 98.67 15 RotaCare Bay Area* 50,000 36 Soccer Without Borders* 50,000 37 Scientific Adventures for Girls* 50,000 0 100 100 100 0 300 100.00 10 Scientific Adventures for Girls* 50,000 37 Practice Space* 10,000 38 Seneca Family of Agencies* 50,000 0 101 92 86 0 279 96.50 22 Seneca Family of Agencies* 50,000 38 Richmond Certified Farmers Market 50,000 39 Shooting Stars Foundation 40,000 0 96 109 95 0 300 100.00 11 Shooting Stars Foundation 40,000 39 Richmond Quakes Soccer Club 50,000 40 Soccer Without Borders* 50,000 0 98 99 73 0 270 90.00 36 Soccer Without Borders* 50,000 40 STAND! for Families Free of Violence* 50,000 41 STAND! for Families Free of Violence* 50,000 0 91 82 90 0 263 87.67 40 STAND! for Families Free of Violence* 50,000 41 Bike East Bay* 13,261 42 StudioFive10 45,000 0 97 94 96 0 287 95.67 23 StudioFive10 45,000 42 CASA of Contra Costa County* 40,000 43 SummerSearch* 50,000 0 103 105 99 0 307 102.33 8 SummerSearch* 50,000 43 West County Mandarin School PTA 50,000 44 Tibetan Association of Northern California 38,250 0 99 85 93 0 277 92.33 32 Tibetan Association of Northern California 38,250 44 Fresh Approach* 49,852 45 Washington Elementary PTA 40,000 0 104 85 93 0 282 94.00 27 Washington Elementary PTA 40,000 45 YMCA of the East Bay* 40,000 46 West Contra Costa Public Education Fund* 50,000 0 102 110 100 0 312 104.00 4 West Contra Costa Public Education Fund* 50,000 46 Lacy Community Resources Foundation 30,000 47 West County Mandarin School PTA 50,000 0 87 83 0 0 170 85.00 43 West County Mandarin School PTA 50,000 47 Contra Costa Youth Journalism 12,600 48 YMCA of the East Bay* 40,000 0 85 71 87 0 243 81.00 45 YMCA of the East Bay* 40,000 48 Bright Futures Growth and Development Fund 50,000 49 Young Women's Freedom Center* 50,000 0 97 95 93 0 285 95.00 25 Young Women's Freedom Center* 50,000 49 Bay Area Derby 44,374 50 Youth Code Now 50,000 0 106 103 87 0 296 98.67 16 Youth Code Now 50,000 50 P.U.R.E (Positivity, Unity, Resource, Education) 50,000 51 0 0 0 0 0 0 0 0 0.00 51 0 0 51 0 0
52 0 0 0 0 0 0 0 0 0.00 52 0 0 52 0 0
53 0 0 0 0 0 0 0 0 0.00 53 0 0 53 0 0
-
- -
Total Grant Money Requested 1,994,622 Total Requested 1,994,622 Total Requested 1,994,622 #SPILL! 1 2 3

0.00 96.58 92.58 85.74 0.00
Total Scores Per Reviewer (100) Overall Rankings Overall Rankings Average Scores per Reviewer
CAT. 2 -990
220
Summary
Sum of Total
Scores
Avg. Score
(100)
#SPILL! 1 2 3 Rank Organization Requested Rank Organization Requested Organization
Value
Requested
1 American Youth Soccer Organization 10,000 0 86 82 90 0 258 86.00 10 American Youth Soccer Organization 10,000 1 Black Girls Mental Health Foundation 10,000 2 Bad Business Model Bikes 10,000 0 107 74 99 0 280 93.33 5 Bad Business Model Bikes 10,000 2 Keyz 2 the Future 10,000 3 Bay Area Community Resources 10,000 0 91 72 88 0 251 83.67 13 Bay Area Community Resources 10,000 3 New Life Movement 10,000 4 Bay Area Creative 10,000 0 100 84 80 0 264 88.00 7 Bay Area Creative 10,000 4 Headwaters Science Institute 10,000 5 Black Girls Mental Health Foundation 10,000 0 97 110 95 0 302 100.67 1 Black Girls Mental Health Foundation 10,000 5 Bad Business Model Bikes 10,000 6 Community VIolence Solutions 10,000 0 68 85 77 0 230 76.67 15 Community VIolence Solutions 10,000 6 Rosie's Service Corp Leaders 10,000 7 Got Goals! 10,000 0 50 70 105 0 225 75.00 16 Got Goals! 10,000 7 Bay Area Creative 10,000 8 Headwaters Science Institute 10,000 0 99 88 94 0 281 93.67 4 Headwaters Science Institute 10,000 8 Richmond United Soccer Club 10,000 9 Keyz 2 the Future 10,000 0 97 103 93 0 293 97.67 2 Keyz 2 the Future 10,000 9 Motivated 2 Help Others 10,000 10 Motivated 2 Help Others 10,000 0 63 108 92 0 263 87.67 9 Motivated 2 Help Others 10,000 10 American Youth Soccer Organization 10,000 11 New Life Movement 10,000 0 80 99 105 0 284 94.67 3 New Life Movement 10,000 11 Rob Skate Academy 10,000 12 Richmond United Soccer Club 10,000 0 96 75 93 0 264 88.00 8 Richmond United Soccer Club 10,000 12 T-Bone Bucket Boyz 10,000 13 Rob Skate Academy 10,000 0 100 88 68 0 256 85.33 11 Rob Skate Academy 10,000 13 Bay Area Community Resources 10,000 14 Rosie's Service Corp Leaders 10,000 0 92 93 81 0 266 88.67 6 Rosie's Service Corp Leaders 10,000 14 San Pablo Cowboys Football 10,000 15 San Pablo Cowboys Football 10,000 0 97 72 78 0 247 82.33 14 San Pablo Cowboys Football 10,000 15 Community VIolence Solutions 10,000 16 T-Bone Bucket Boyz 10,000 0 92 85 76 0 253 84.33 12 T-Bone Bucket Boyz 10,000 16 Got Goals! 10,000 17 0 0 0 0 0 0 0 0 0.00 17 0 0 17 0 0
18 0 0 0 0 0 0 0 0 0.00 18 0 0 18 0 0
19 0 0 0 0 0 0 0 0 0.00 19 0 0 19 0 0
20 0 0 0 0 0 0 0 0 0.00 20 0 0 20 0 0
21 0 0 0 0 0 0 0 0 0.00 21 0 0 21 0 0
22 0 0 0 0 0 0 0 0 0.00 22 0 0 22 0 0
23 0 0 0 0 0 0 0 0 0.00 23 0 0 23 0 0
24 0 0 0 0 0 0 0 0 0.00 24 0 0 24 0 0
25 0 0 0 0 0 0 0 0 0.00 25 0 0 25 0 0
26 0 0 0 0 0 0 0 0 0.00 26 0 0 26 0 0
27 0 0 0 0 0 0 0 0 0.00 27 0 0 27 0 0
28 0 0 0 0 0 0 0 0 0.00 28 0 0 28 0 0
29 0 0 0 0 0 0 0 0 0.00 29 0 0 29 0 0
30 0 0 0 0 0 0 0 0 0.00 30 0 0 30 0 0
31 0 0 0 0 0 0 0 0 0.00 31 0 0 31 0 0
32 0 0 0 0 0 0 0 0 0.00 32 0 0 32 0 0
33 0 0 0 0 0 0 0 0 0.00 33 0 0 33 0 0
34 0 0 0 0 0 0 0 0 0.00 34 0 0 34 0 0
35 0 0 0 0 0 0 0 0 0.00 35 0 0 35 0 0
36 0 0 0 0 0 0 0 0 0.00 36 0 0 36 0 0
37 0 0 0 0 0 0 0 0 0.00 37 0 0 37 0 0
38 0 0 0 0 0 0 0 0 0.00 38 0 0 38 0 0
39 0 0 0 0 0 0 0 0 0.00 39 0 0 39 0 0
40 0 0 0 0 0 0 0 0 0.00 40 0 0 40 0 0
41 0 0 0 0 0 0 0 0 0.00 41 0 0 41 0 0
42 0 0 0 0 0 0 0 0 0.00 42 0 0 42 0 0
43 0 0 0 0 0 0 0 0 0.00 43 0 0 43 0 0
44 0 0 0 0 0 0 0 0 0.00 44 0 0 44 0 0
45 0 0 0 0 0 0 0 0 0.00 45 0 0 45 0 0
46 0 0 0 0 0 0 0 0 0.00 46 0 0 46 0 0
47 0 0 0 0 0 0 0 0 0.00 47 0 0 47 0 0
48 0 0 0 0 0 0 0 0 0.00 48 0 0 48 0 0
49 0 0 0 0 0 0 0 0 0.00 49 0 0 49 0 0
50 0 0 0 0 0 0 0 0 0.00 50 0 0 50 0 0
51 0 0 0 0 0 0 0 0 0.00 51 0 0 51 0 0
52 0 0 0 0 0 0 0 0 0.00 52 0 0 52 0 0
53 0 0 0 0 0 0 0 0 0.00 53 0 0 53 0 0
-
- -
Total Grant Money Requested 160,000 Total Requested 160,000 Total Requested 160,000 #SPILL! 1 2 3

0.00 88.44 86.75 88.38 0.00
Total Scores Per Reviewer (100) Overall Rankings Overall Rankings Average Scores per Reviewer
CAT. 4 - MINI
221
1 RESOLUTION NO._________________

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

THE CITY MANAGER TO NEGOTIATE AND EXECUTE GRANT SERVICE AGREEMENT S

WITH NONPROFIT ORGANIZATIONS THAT RECEIVED GRANT AWARDS FROM THE FY 2025-2026 ENVIRONMENTAL AND COMMUNITY INVESTMENT AGREEMENT (ECIA) FOR AN AMOUNT NOT TO EXCEED SEVEN-HUNDRED AND FIFTY-THOUSAND DOLLARS (750,000)

WHEREAS, on July 29, 2014, the City of Richmond and Chevron Products Company entered into the initial Chevron Modernization Project Environmental and Community Investment Agreement (ECIA); and

WHEREAS, the ECIA was amended in August 2015 and December 2015; and

WHEREAS, the ECIA provides $90 million to Richmond over a 10-year period ($80 million in revenue to the City and $10 million for a photovoltaic solar farm) and includes investments in community-based greenhouse gas reduction programs and various community programs, including but not limited to a competitive grant program; and

WHEREAS, $6 million is allocated to fund the competitive grant program which was established to fund community programs and non-profits focused on community, youth, and youth sports; and

WHEREAS, $750,000 is allocated for FY 202 5-2026 for grant awards within four (4) grant categories; and

WHEREAS, in FY 202 5-2026 there is a total of $ 500,000 available to award in category 1 [organizations reporting gross receipts of equal to or less than $50,000 annually (990N)] and category 2 [organizations reporting gross receipts of more than $50,000 annually (990)], with a minimum grant award of $5,0 00 and maximum grant award of $50,000 , with a maximum of $100,000 earmarked for organizations with annual budgets at or exceeding $750,000; and there is a total of $160,000 available in category 4 [organizations providing programming at city-owned facilities (e.g., parks, community centers, etc.); and

WHEREAS, on December 17, 2024, the City Council authorized the release of the “Fiscal Year 2025-2026 Richmond - ECIA Community Grant Program Guidelines and Application”; and

WHEREAS, eligible organizations were required to have 501(c)(3) tax status and provide services to Richmond and/or North Richmond residents; and

WHEREAS, the application was released on January 2, 2025; and

WHEREAS, applications were due on February 9, 2025, and seventy-five (75) organizations submitted applications; and

WHEREAS, after review by City staff for completeness, seventy-three (73) applications were forwarded for review and scoring by the Council-appointed ECIA Grant Review Committee; and 222
2 WHEREAS, the ECIA Grant Review Committee recommended to City Council that grants be awarded to the following twenty-eight (28) organizations, for a total award amount not to exceed $700,000; and

Category 1
(990N Organizations) Organization
Recommended
Award Amount
Hurlbut Benevolent Foundation $30,000
Atchison Village Football Club

$50,000
Got Goals Inc! $50,000
Just Imagine Kidz

$50,000
P.U.R.E Youth Group

$50,000
TOTAL $230,000

Category 2
(990 Organizations) Organization
Recommende
d Award
Amount
Easter Hill United Methodist Church $46,000
Early Childhood Mental Health Program* $50,000
Children's Art Studio Richmond $15,244
West Contra Costa Public Education Fund* $50,000
Richmond United Soccer Club

$50,000
Shooting Stars Foundation

$40,000
New Life Movement $50,000
TOTAL $301,224

Category 4 – Mini Grant
(990N990 Organizations)
Organization
Recommende
d Award
Amount
Black Girls Mental Health Foundation

$10,000
Keyz 2 the Future $10,000
New Life Movement $10,000
Headwaters Science Institute $10,000
Bad Business Model Bikes $10,000
Rosie's Service Corp Leaders $10,000
Bay Area Creative $10,000
Richmond United Soccer Club $10,000
223
3 Motivated 2 Help Others $10,000
American Youth Soccer Organization $10,000
Rob Skate Academy $10,000
T-Bone Bucket Boyz $10,000
Bay Area Community Resources $10,000
San Pablo Cowboys Football $10,000
Community Violence Solutions $10,000
Got Goals! $10,000
TOTAL $160,000

WHEREAS, the City Council received and accepted a staff report dated July 1, 2025, regarding this resolution.

NOW, THEREFORE BE IT RESOLVED, that the Council of the Ci ty of Richmond, California, adopts the Resolution to allocate FY 202 5-2026 Environmental and Community Investment Agreement (ECIA) funds to the grantees in the amounts specified above, authorizes the City Manager’s Office to negotiate and execute contracts with award recipients and authorizes City staff to provide oversight to assure that deliverables are met and that activities and expenses are consistent with the intent of each agreement.

------------------------------------------------------

I certify that the foregoing Resolution was passed and adopted by the Members of the City Council of the City of Richmond, California at a regular meeting held on July 1, 2025, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

______________________________
Clerk of the City of Richmond
Approved:

_______________________________________
Mayor

Approved as to form:

224
4 ________________________________________
City Attorney
225

July 1, 2025
AGENDA
Community Development REPORT
DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Eva Mann, Code Enforcement Manager
Kevin Tisdell, Code Enforcement Officer II
Subject: Amendment of the City’s Tobacco Retailers Moratorium FINANCIAL IMPACT: The moratorium ordinance amendment, if adopted, would be enforced pursuant to routine code
enforcement efforts, which are already included within
the City’s budget. The proposed amendments would
enable additional tobacco retailer licenses to be issued, which include a fee to recover costs related to licensing and enforcement.

PREVIOUS COUNCIL
ACTION:

April 16, 2024
May 21, 2024
April 1, 2025
June 24, 2025

STATEMENT OF THE
ISSUE:

On June 24, 2025, the City Council introduced an
Ordinance amending the scope of the tobacco retailer
moratorium to create a pathway for long-standing
Richmond-based tobacco retailers to obtain a tobacco
retailer license while the moratorium remains in effect.

The proposed amendment would establish a Pathway to
Compliance Program for legacy retailers that meet
certain City Council-identified criteria and an expanded opportunity to meet the City’s most current compliance
requirements.

RECOMMENDED ACTION: ADOPT (second reading) an ordinance amending Ordinance No. 03-25, as amended, to allow identified
long-time Richmond-based retailers who once held a
City tobacco retailers license to obtain such license
during the moratorium — Community Development

226

July 1, 2025
Department/Code Enforcement Division (Lina Velasco/
Eva Mann/Kevin Tisdell 510-621-1283).

BACKGROUND:

The City Council of the City of Richmond has a well-documented record of regulating the activity of tobacco retailing in the City that protects the public health, safety, and welfare of its residents, and most importantly its youth.

On July 17, 2018, the City Council adopted Ordinance No. 20-18 N.S., which, among other things, amended Richmond Municipal Code (“RMC”) Chapter 7.106, prohibiting the sale of menthol and other flavored tobacco products, establishing a minimum pack size for little cigars and cigars, and imposing location requirements on new tobacco retailers from youth populated areas and other licensed retailers. In passing this ordinance, the City Council adopted explicit and extensive findings highlighting how the sale of tobacco, particularly to youth, presents an imminent threat to the public health, safety, and welfare of the residents of the City of Richmond.

On September 10, 2019, the City Council adopted Ordinance No. 14-19 N.S. amending Richmond Municipal Code Chapter 7.106 - Tobacco Retailer License - to prohibit the sale of electronic cigarettes.

In 2021, the oversight of the Tobacco Retailer License program was transferred from the Richmond Police Department’s Regulatory Unit to the Code Enforcement Division of the Community Development Department.

In late 2023, the City began to notice an increase in the establishment of new tobacco retailers that failed to obtain proper licensing. Following these complaints regarding the proliferation of unlicensed tobacco retailers, locations of tobacco retailer businesses, and the harmful effects of tobacco on the health, safety and welfare of city residents, especially youth, on April 15, 2024, the City Council adopted Urgency Ordinance No. 03-24 N.S., which placed a temporary 45-day moratorium on the issuance of any new permits, license, or entitlement for any new tobacco retailer within the City. On May 21, 2024, the City Council adopted Urgency Ordinance No. 05-24 N.S. extending the temporary moratorium to April 15, 2025, to provide staff sufficient time to study the issue and propose amendments to the Municipal Code (Attachment 1).

DISCUSSION:

On April 1, 2025, City staff requested that the Council consider extending the temporary moratorium for another 12 months, until April 15, 2026, to allow additional time to complete tasks related to creating a new regulatory structure for tobacco retailers. The City Council unanimously passed Ordinance No. 09-25, which extended the moratorium until April 15, 2026.
227

July 1, 2025

However, when considering the ordinance to extend the moratorium, the City Council discussed the impacts the moratorium may have on long-time Richmond-based retailers, who once held a City tobacco retailers license, and the potential of creating a pathway for these long-standing Richmond-based tobacco retailers to obtain a City tobacco retailer license while the moratorium remains in effect. The proposed amendment would establish a Pathway to Compliance Program for existing legacy tobacco retailers that:

 Held a valid City of Richmond tobacco retailer license at any point between 2018 and 2024,
 Have continuously maintained a valid City of Richmond business license,  Hold a valid State Tobacco Retailers license,
 Have the same ownership as when previously licensed as a City of Richmond Tobacco Retailer, and
 Have not been found to be engaging in illicit activities, such as selling cannabis, and other drugs.

The City Council directed staff to identify tobacco retailers who met the outlined criteria and therefore qualified their businesses to be included in the Pathway to Compliance and draft the proposed ordinance amendment for further consideration.

Summary of Analysis of Unlicensed Tobacco Retailers

Based on direction received from the City Council, staff conducted a review of all the tobacco retailers that have no city tobacco retailers license (referred to as “unlicensed tobacco retailers”) using several criteria including: Current business owner versus previously licensed tobacco retailer owner name, CA State tobacco license status, City of Richmond business license status, and whether they once held a City of Richmond tobacco retailer license between 2018-2024 (Attachment 2).

Qualification for Pathway to Compliance Program
The City Council set the following criteria to be eligible for the potential Pathway to Compliance to obtain a tobacco retailing license:

1. Held a valid City of Richmond tobacco retailer license at any point between 2018 and 2024

2. Have continuously maintained a valid City of Richmond business license

3. Hold a valid State Tobacco Retailers license

4. Have the same ownership as when previously licensed as a City of Richmond Tobacco Retailer

5. Have not been found to be engaging in illicit activities.

Nine (9) unlicensed tobacco retailers qualify for the City Council’s potential pathway to compliance license based on the criteria above; however, if the City Council wanted to expand the compliance pathway to not consider the owners names matching the original license, an additional 9 retailers would qualify, making the total of 18 legacy 228

July 1, 2025
businesses qualifying to be a part of the Pathway to Compliance. Assuming all qualifying businesses apply to obtain the City’s Tobacco Retailer license, the total licensed business would increase from 32 to 50 businesses. At the June 24, 2025, meeting, the City Council decided to eliminate criteria 4 (i.e., having the same owner name as when previously licensed as a City of Richmond Tobacco Retailer) in the draft ordinance that was introduced (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – Moratorium Ordinance Nos. 03-24 N.S., 05-24 N.S., and 09-25 N.S.

Attachment 2 – Table of Unlicensed Retailers Analysis
Attachment 3 – Draft Ordinance Amending Moratorium

229
ORDINANCE NO. 03-24 N.S.

AN URGENCY ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, BY THE CITY COUNCIL OF THE CITY OF RICHMOND, ESTABLISHING A

TEMPORARY MORATORIUM ON ALL NEW TOBACCO RETAILERS WITHIN THE

CITY OF RICHMOND PENDING THE STUDY AND DEVELOPMENT OF
REASONABLE REGULATIONS; AND DECLARING THE URGENCY THEREOF WHEREAS, the City has seen a proliferation of tobacco retailer businesses within the City;
WHEREAS, the City is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, and the harmful effects of tobacco on the health, safety, and welfare of City residents and especially youth; WHEREAS, the City has no specific regulations for tobacco retailer businesses aimed at protecting minors, such as a distance requirement from schools and/or youth-oriented areas; WHEREAS, this temporary moratorium will provide staff with the opportunity to study various options to regulate tobacco retailer businesses; and, WHEREAS, Government Code section 65858 provides that to protect against any current and immediate threat to the public health, safety, or welfare, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City plans to study.

NOW, THEREFORE, the City Council of the City of Richmond does hereby ordain as follows:

SECTION 1: That the above recitals are true and correct and are adopted as the City Council's findings.

SECTION 2: Purpose and Authority.

In the interest of protecting the health, safety, and welfare of the residents in the City of Richmond, it is the purpose and intent of this ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer in the City of Richmond. The City Council has authority to adopt this ordinance pursuant to California Constitution Article XI, Section 7 and Government Code section 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.

SECTION 3: Findings.

A. Smoking and use of tobacco products, particularly by persons under eighteen years of age ("minors"), poses a significant health hazard to the user and persons in proximity to the user, including, without limitation, nicotine addiction, disease, and premature death.

B. The City of Richmond has a significant interest in discouraging tobacco use by minors and discouraging the sale or distribution of tobacco products to minors, including vape pens and devices, e-cigarettes, and flavored tobacco products.

C. The City has a significant interest in preserving the health, safety, and welfare of its residents, and in particular its minor residents, in considering enactment of additional regulations on the sale and distribution of tobacco products.

D. There is a current and immediate threat to the public health, safety, or welfare with respect to the sale and distribution of tobacco products within the City, including access to such products by minors, and the approval of additional permits, licenses, and/or any other entitlement for new tobacco retailers would result in a further threat to public health, safety, or welfare.

E. This urgency ordinance is necessary to promote the immediate preservation of the peace, health, and safety of the public against the potential detrimental health impacts of tobacco smoking, particularly as concerns minors, in order to allow the City an opportunity to study this issue and Ord. No. 03-24 N.S.

Page I of3
230
develop and adopt additional appropriate regulations for the sale and distribution of tobacco products.

Section 4: Environmental Review/California Environmental Quality Act (CEQA).

This ordinance is intended to preserve the status quo, and it will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act ("CEQA"), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines§§ 15060(c),(2)(3); 1506l(b)(3); 15064(d)(3); 15378(a).) Section 5: Definitions.

As used herein the following definitions shall apply:

A. "Person" shall mean any individual natural person, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

B. "Tobacco retailer" shall have the same meaning as set forth in Richmond Municipal Code section 7.106.030.

Section 6: Moratorium on New Permits, Licenses, and Land Use Entitlements.

A. During the term of this ordinance, any new tobacco retailer shall be prohibited in all zoning districts and lands within the City of Richmond. No application for any permit, license, or land use entitlement shall be granted or approved for any new tobacco retailer in any zoning districts or lands within the City of Richmond.

B. Notwithstanding any other provision of this ordinance, any person who lawfully holds an existing permit, license, and/or land use entitlement for an existing and lawfully operating smoke shop and/or tobacco retailer in the City of Richmond as of the effective date of this ordinance may continue to lawfully operate under that existing permit, license, and/or entitlement, and may apply for the renewal of any such existing permit, license, and/or entitlement, which renewal may be approved or denied by the City under the standards governing such permit, license, and/or entitlement under existing law. Nothing herein shall limit the authority of the City to revoke or suspend any existing license, permit, and/or entitlement as authorized under existing law.

Section 7: Term of Ordinance.

This ordinance shall be in effect from the date of adoption for a period of forty-five (45) days, unless it is extended pursuant to Government Code section 65858(a) or other applicable law, as approved by the City Council.

Section 8: No Mandatory Duty of Care.

This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 9: Severability.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.

Section 10: Effective Date and Publication.

This ordinance, passed by at least a four-fifths vote of the City Council, is declared to be an urgency ordinance for preserving the public health, safety and welfare and shall take effect and be enforced immediately upon adoption.

Ord. No. 03-24 N.S.

231
I hereby certify that the foregoing Urgency Ordinance of the City Council of the City of Richmond was duly passed and adopted at a regular meeting thereof held April 16, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Approved:

EDUARDO MARTINEZ
Mayor
Approved as to form:

DA VE ALESHIRE
City Attorney
State of California }
County of Contra Costa
City of Richmond }
Councilmembers Bana, McLaughlin, Willis, Zepeda, Vice
Mayor Jimenez, and Mayor Martinez.

None.

None.

Councilmember Doria Robinson.
: ss.

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
I certify that the foregoing is a true copy of Urgency Ordinance No. 03-24 N.S., passed and adopted by the City Council of the City of Richmond at a regular meeting held on April 16, 2024.

Pamela Christian, Clerk of the City of Richmond
Ord. No. 03-24 N.S.

232
233
234
235
236
237
238
DRAFT
★

LICENSE/PERMIT HAS BEEN

OBTAINED AND IS UP TO DATE

NO FEES ARE DUE

LICENSE/PERMIT HAS NOT BEEN

OBTAINED OR PAID FOR
STATE

LICENSE/PERMIT

APPLICANT AND

BUSINESS LICENSE

APPLICANT
MATCH
STATE

LICENSE/PERMIT

APPLICANT AND

BUSINESS LICENSE

APPLICANT DO

NOT MATCH

COUNCIL

DISTRICT

STATE TOBACCO LICENSE
(2024)

CITY TOBACCO PERMIT
(2015-2024)

CLEAR OF
VIOLATIONS?

STOPPED

SELLING/

DISPLAYING
TOBACCO?
District
Number CA License City Business City Business City PD/CR

STATE TOBACCO

LICENSE

APPLICANT

CITY TOBACCO
PERMIT

APPLICANT

NO / YES NO / YES

PREVIOUS

LICENSE/OWNER
★ 1 23rd Cigarette 3

ROBINSON
2315 Cutting Blvd 94804 2004 PERMIT STARTED 2015
(5 YEARS MISSING) CDTFA ✖ ✖
2 23rd Convenience Store 3

ROBINSON
240-262 23rd St #260 94804 2024

NO CITY

TOBACCO
PERMIT
CDTFA ✖ ✖
2001-2002
4 7 Star Gift Shop and
Tobacco
6 JIMENEZ
4920-4934 McBryde Ave #4926 94805 2021 PERMIT STARTED 2021 (3 YEARS MISSING)

CDTFA /
TASKFORCE ✖ ✅
5 7-Eleven 2
ZEPEDA
925 Cutting Blvd 94804 2018

NO CITY

TOBACCO
PERMIT
N/A ✖ ✖
2001-2023
★ 7
24-7 Gas and Food (was
ARCO)
3 ROBINSON
5001 Cutting Blvd 94804 2011 PERMIT STARTED 2015
(1 YEAR MISSING)

CHANGE OF

OWNERSHIP/

FRANCHISE
N/A ✅ ✖

BUSINESSES ELIGIBLE FOR
"PATHWAY TO COMPLIANCE"

PROGRAM
★
2023-2025
✅ ✖2002-2025
2018-2025
6 Amigo's/M & A Market 933 Maine Ave 94804 PERMIT STARTED 2015 (1 YEAR MISSING)

NO STATE

LICENSE

CHANGE OF

OWNERSHIP
(2001-2023 owner)
2021-2025
✅ ✖2024
CDTFA
N/A
City of Richmond, CA - Unlicensed Tobacco Retailer Analysis 2012-2025
3 4th Street Market 301 4th St 94801 2018 PERMIT STARTED 2015 (9 YEARS MISSING)
NO
Tobacco
Retailers
within
500ft?
NO
Youth
Areas
within
1000ft?
CURRENT BUSINESS OWNER MATCH?
BUFFER

COMPLIANCE
Count Name Address Suite Zip

LEGAL (PARCEL) ADDRESS

CITY BUSINESS LICENSE
(Years Paid/Active)
2 ZEPEDA
2002-2025
Community Development Department - Code Enforcement Division

MASTER LIST
VIOLATIONS MAY INCLUDE:

OUT OF STATE/UNTAXED TOBACCO

CANNABIS

OTHER ILLEGAL DRUGS

LICENSE/PERMIT HAS BEEN

OBTAINED BUT IS BEHIND ON

PAYMENTS/RENEWALS

CURRENT LICENSE/OWNER

INITIAL APPLICATION YEAR
(CDTFA)

INITIAL APPLICATION YEAR
(# YEARS UNPAID BEFORE 04-16-24)
2015-2021 W/ RPD
2022 ONWARD W/ CODE
STATUS
(previous business
owner City permit was
under)
STATUS
(previous business
owner State license
was under)
N/A
To Be Inspected
Inspections Conducted
on April 21st and
22nd, 2025
Council
Member
1 BROWN
PAGE 1 of 6 ver. DRAFT JUNE.26.2025239
DRAFT
2001-2003
2002-2006
2005-2006
2000-2019
2010-2018
2012-2016
2015-2024
★ 12
Brother's Liquor and
Market
3 ROBINSON
3717 Wall Ave 94804 2004 PERMIT STARTED 2015
(3 YEARS MISSING) CDTFA ✅ ✖
13 Cazadores Market 1
BROWN
1076-1078 13th St #1078 94801 PERMIT STARTED 2015
(1 YEAR MISSING)

NO STATE
LICENSE N/A ✅ ✖
2002-2015
2001-2022
2021
APP

WITHDRAWN
16 Clothing and More 3

ROBINSON
916 Macdonald Ave 94801

NO ACTIVE

BUSINESS

LICENSE

NO ACTIVE

BUSINESS

LICENSE
TASKFORCE ✖ ✖
★
★
★

CHANGE OF

OWNERSHIP
(2009-2019 owner)

CHANGE OF

OWNERSHIP
(2015-2024 owner)

CHANGE OF

OWNERSHIP
(2012-2016 owner)
2012-2025

FRANCHISER
2013-2025

FRANCHISEE
Chevron (Kacee's World
of Water) 2900 Hilltop Mall Road 94806 2021

NO ACTIVE

BUSINESS

LICENSE
✅ ✖
2006-2025
N/A
N/A
94805 2015 PERMIT STARTED 2015
(8 YEARS MISSING) ✖ ✖2016-2025
2011-2025
94804 2020 PERMIT STARTED 2015
(8 YEARS MISSING)
2002-2025
2025
N/A
N/A
10 Bayview Market 1025 S 47th St 94804
9 Barrett Avenue Market 1913 Barrett Ave 948011
BROWN
5 WILSON
✖ ✅
PERMIT STARTED 2015
(6 YEARS MISSING)

NO STATE
LICENSE ✖ ✅
N/A
2 ZEPEDA
14 Chevron 4838 Macdonald Ave

CHANGE OF

OWNERSHIP
(2002-2015 owner)
✖ ✖15
8 ARCO (ampm) 12890 San Pablo Ave 94805 2009
✅ ✖11
Blue/Super Save/La
Costena Market 1170 23rd St1
BROWN
N/A

NO ACTIVE

BUSINESS

LICENSE
PERMIT STARTED 2015
(1 YEAR MISSING)

NO ACTIVE

BUSINESS

LICENSE
PERMIT STARTED 2015
(6 YEARS MISSING)
2019-20242020
2019-2024
PERMIT STARTED 2015
(6 YEARS MISSING)
6 JIMENEZ
6 JIMENEZ
PAGE 2 of 6 ver. DRAFT JUNE.26.2025240
DRAFT
2001-2005
2010-2021
18 Cutting Market 3

ROBINSON
2901 Cutting Blvd 94804 2022 2022

NO ACTIVE

BUSINESS

LICENSE

CHANGE OF

OWNERSHIP
(no assoc. license)

NO CITY

TOBACCO
PERMIT
N/A OUT OF BUSINESS ✅ ✖
19 Da Bay Smoke Shop 1
BROWN
2003-2005 Macdonald
Ave #2005 94801 2010 PERMIT STARTED 2015
(2 YEARS MISSING) CDTFA ✖ ✖
2003-2013
2013-2014
21 Discount Market 1
BROWN
649 23rd St 94804 2024

NO CITY

TOBACCO
PERMIT
TASKFORCE OUT OF BUSINESS ✖ ✖
22 El Cerrito Smoke Shop 5
WILSON
10281 San Pablo Ave #287 94530 UNKNOWN

UNKNOWN

APPLICANT
NAME

NO CITY

TOBACCO
PERMIT
CDTFA ✖ ✖
23 Exclusive Apparel 3

ROBINSON
2220 Cutting Blvd 94804 2023

NO CITY

TOBACCO
PERMIT
CDTFA ✖ ✖
24 Exotic Clouds 6

JIMENEZ
12557 San Pablo Ave 94805 2024

NO CITY

TOBACCO
PERMIT

CDTFA &

TASKFORCE

RED TAGGED MAY
3RD ✖ ✖
★ 25 Fiesta Latina #1 3

ROBINSON
1430 Cutting Blvd 94804 2013 PERMIT STARTED 2015
(6 YEARS MISSING) N/A ✖ ✖
2002-2006
2011-2012
27 Golden Gate/Regatta
/Eastgate Petroleum
5 WILSON
3407 Hoffman Blvd 94804 2017

NO CITY

TOBACCO
PERMIT
N/A ✅ ✖
★
★
CDTFA
N/A

TASKFORCE
20 CHANGE OF

OWNERSHIP
(no assoc. license)

CHANGE OF

OWNERSHIP
(2015-2025 owner)

CHANGE OF

OWNERSHIP
(2010-2021 owner)
✖PERMIT STARTED 2023
2014-2025
2022-2025
✖
2024
26 First/One Stop Market 564 Harbour Way 94801 2014 PERMIT STARTED 2015 (5 YEARS MISSING)
2023
2013-2025
2022-2024
2022-2024
2015-2025
202494801254 Marina WayDiscount Cigarette and
Cell Phone
✖ ✖
17 Cutting Gas and Food 1001 Cutting Blvd 94804 2022 ✖
2006-2025
✖PERMIT STARTED 2015
(9 YEARS MISSING)
3 ROBINSON
2021-2025
3 ROBINSON
1 BROWN
PAGE 3 of 6 ver. DRAFT JUNE.26.2025241
DRAFT
28 Hi5 Gift and Tobacco 3

ROBINSON
1100-1350 Macdonald
Ave #1190 94801 2023

NO CITY

TOBACCO
PERMIT
CDTFA ✖ ✖
2002-2013
2024
Planning
Review
31 La Raza Market #2 1
BROWN
2131 Macdonald Ave 94801 2005 NEVER PAID CDTFA ✖ ✖
2008-2018
2010-2021
33 LUCKY SMOKE SHOP 1
BROWN
633 23rd St 94804 2024 NO BUSINESS

LICENSE

NO BUSINESS
LICENSE CDTFA ✖ ✖
34 M&M Market and
Wholesale
1 BROWN
845-849 23rd St #845 94804 NO STATE

LICENSE

NO CITY

TOBACCO
PERMIT
CODE

ENFORCEMENT
CODE

ENFORCEMENT

PROACTIVE
6/5/25
✖ ✖
★ 35 M&O Mart and Deli 1
BROWN
1551 Nevin Plz 94801 2013 PERMIT STARTED 2015
(3 YEARS MISSING) TASKFORCE ✖ ✖
1999-2000
2002-2003
2005-2007
2008-2012
2012-2014
2015-2018
2018-2019

CHANGE OF

OWNERSHIP
(2002-2013 owner)
2001-2025
MARKET
2022-2025

SMOKE SHOP
N/A29
Joe's Market / Joe's Gift
Shop 95 Macdonald Ave 94801
✖
CDTFA
2025

CHANGE OF

OWNERSHIP
(2008-2018 owner)
N/A
32 La Tiendona Market and
Produce/Ohio Market 1700 Ohio Ave 94804 2020 PERMIT STARTED 2015 (7 YEARS MISSING) ✅
✅
2023-2025
2013-2024 PERMIT STARTED 2015
(6 YEARS MISSING)

NEW OWNER/

BUSINESS

LICENSE UNDER
REVIEW; DOES

MATCH STATE

LICENSE
✖
✖
2020-2025

NEVER PAID

NO ACTIVE

BUSINESS

LICENSE

NO ACTIVE

BUSINESS

LICENSE
✅

NO ACTIVE

BUSINESS

LICENSE
30 Kwik Serv 1503 Carlson Blvd 94804 2023
2002-2025
N/A
2012-2025
36 Marathon/Central/
Richmond Gas 1825 Cutting Blvd 94804 2024
1 BROWN
✖
✖
2023 PERMIT STARTED 2015
(8 YEARS MISSING)
MARKET
OWNER
MATCHES;

SMOKE SHOP

UNKNOWN
MARKET
OWNER
MATCHES;

SMOKE SHOP

UNKNOWN
3 ROBINSON
3 ROBINSON
5 WILSON
PAGE 4 of 6 ver. DRAFT JUNE.26.2025242
DRAFT
2011-2015
2018-2020
2021-2024
2012-2017
39 New India Supermarket 5
WILSON
10281 San Pablo Ave #289 94530 2018

NO CITY

TOBACCO
PERMIT
CDTFA ✖ ✖
2022
APP

INCOMPLETE
★ 41 Richmond Food Center 3

ROBINSON
2220 Cutting Blvd #2230 94804 2004 PERMIT STARTED 2015
(2 YEARS MISSING)
FAMILY

OWNERSHIP
TRANSFER?
FAMILY

OWNERSHIP
TRANSFER?
N/A ✖ ✖
42 Richmond Gift and
Smoke Shop
1 BROWN
2229-2235 Macdonald
Ave #2235 94801 2023

NO CITY

TOBACCO
PERMIT
CDTFA ✖ ✖
2001-2022
2006-2007
2006-2017
2015-2021
2020-2021
2002-2003
2010
2014-2019
★ 46 S & S Market 2
ZEPEDA
112 S 7th St 94804 2014 PERMIT STARTED 2015
(4 YEARS MISSING) N/A ✅ ✖
★
38 ✖ ✖
2008-2025
45 Rose and Mike's Liquor 12620 San Pablo Ave #622 94805 2014

NO ACTIVE

BUSINESS

LICENSE
PERMIT STARTED 2015
(6 YEARS MISSING)
MATCHES (2014-2019)

BUT BUSINESS LICENSE

EXPIRED
MATCHES (2014-2019)

BUT BUSINESS LICENSE

EXPIRED
✖
✖ ✖2023-2025
44 Richmond Smoke Shop 3047 Cutting Blvd #3049 94804 2021

NO ACTIVE

BUSINESS

LICENSE
43 Richmond Petroleum 1000 Cutting Blvd 94804 2023 PERMIT STARTED 2015 (1 YEAR MISSING)
PERMIT STARTED 2021
(5 YEARS MISSING)
2024

APP DENIED
Mira Vista Liquor 12469 San Pablo Ave #471 94805 2018 NEVER PAID ✅
CDTFA

BUSINESS OWNER

ON STATE

LICENSE HAD

BUSINESS LICENSE
(2024) DENIED
2023-2024
✖
2017-2025
✖

CHANGE OF

OWNERSHIP
(2001-2022 owner)
N/A

CDTFA &

TASKFORCE

CHANGE OF

OWNERSHIP
(no assoc. license)

CDTFA &

TASKFORCE

BUSINESS OWNER

ON PERMIT

RECORD HAD

BUSINESS LICENSE
(2024) DENIED

NO CITY

TOBACCO
PERMIT
6 JIMENEZ
37 Mi Pueblo Market 544-550 Harbour Way #550 94801 NEVER PAID NO STATE LICENSE ✖
2024-2025
1 BROWN

CHANGE OF

OWNERSHIP
(unknown owner)
N/A
✖
2022-2023
2002-2025

NO STATE
LICENSE40 Pipes R Us 15501 San Pablo Ave A 948062
ZEPEDA
✖2013-2022
✖
6 JIMENEZ

TASKFORCE
3 ROBINSON
3 ROBINSON
PAGE 5 of 6 ver. DRAFT JUNE.26.2025243
DRAFT
2000-2001
2002-2016
2008-2009
★ 51 Uncle Sam's Liquors 5
WILSON
3322-3330 Cutting Blvd #3322 94804 2006 PERMIT STARTED 2015 (3 YEARS MISSING) N/A ✅ ✖
2002-2016
★
★
★

CHANGE OF

OWNERSHIP
(2002-2016 owner)
N/A

CHANGE OF

OWNERSHIP
(2010-2024 owner)
CDTFA

CHANGE OF
OWNERSHIP? ✖ ✖
2017-2023
✅ ✖
2025
52 Valero/7-Eleven 12678 San Pablo Ave 94805 2018
94805 2016
2002-2025
✖
2023
48 Stop and Save Gasoline 2221-2229 Cutting Blvd #2229 94804 2016 PERMIT STARTED 2015 (7 YEARS MISSING) ✖
2016-2025
✖
N/A47
Sinclair Gas (was
Valero) 3701 Cutting Blvd 94804 2023
2002-2024
PERMIT STARTED 2015
(1 YEAR MISSING)

CHANGE OF

OWNERSHIP/
FRANCHISE?

CHANGE OF

OWNERSHIP/
FRANCHISE?
✅
✖
2023-2025
49 Stop and Shop Market 800 Carlson Blvd 94804 2023 PERMIT STARTED 2015 (5 YEARS MISSING)

MATCHES

BUSINESS

OWNER ON THE
2023-2025

BUSINESS

LICENSE
✅
2021-2022 CDTFA
2010-2024
PERMIT STARTED 2015
(9 YEARS MISSING)

UNKNOWN

OWNER ON

STATE RECORD,

USES STORE

NAME ONLY
50 Stop N Go 5500 McBryde Ave
N/A
3 ROBINSON
3 ROBINSON
5 WILSON
6 JIMENEZ
6 JIMENEZ
2016-2025 PERMIT STARTED 2017
(6 YEARS MISSING)
2002-2025
PAGE 6 of 6 ver. DRAFT JUNE.26.2025244
ORDINANCE NO. _______
AN ORDINANCE AMENDING AND REVISING THE SCOPE OF THE CITY’S TOBACCO MORATORIUM AS IMPOSED BY URGENCY ORDINANCE NO. 03-24 FOR THE PURPOSE

OF CREATING A PATHWAY TO COMPLIANCE PROGRAM FOR CERTAIN LEGACY

RICHMOND BASED TOBACCO RETAILERS
WHEREAS, on April 16, 2024, the City Council adopted Urgency Ordinance No. 03-24 N.S. establishing a 45-day moratorium on the approval of granting any permit, license, and land use entitlement for any new tobacco retailer within the City to allow the City time to study viable solutions and municipal code amendments necessary to reasonably regulate tobacco retailers in the City as more fully described in that ordinance; and WHEREAS, on May 21, 2024, after a showing and issuance of a report documenting the steps the City took to alleviate the conditions necessitating the adoption of Ordinance No. 03-24 N.S., the City Council adopted Urgency Ordinance No. 05-24 N.S. extending the moratorium established by Urgency Ordinance No. 03-24 N.S. for ten months and fifteen days from the date of the 45-day moratorium’s expiration of May 31, 2024, thereby extending the moratorium expiration date to April 15, 2025; and
WHEREAS, on April 1, 2025, the City Council adopted Urgency Ordinance No. 09-25 N.S. extending the moratorium established by Urgency Ordinance No. 03-24 N.S. and Urgency Ordinance No. 05-24 N.S. for an additional 12 months, or one year from the expiration date imposed by Ordinance No. 05-24 N.S., thereby extending the moratorium expiration date to April 15, 2026; and
WHEREAS, for reasons set forth in justification of Ordinance No. 03-24 N.S., Ordinance No. 05-24 N.S., and Ordinance No. 09-25 N.S., which recitals are incorporated herein by reference, each of which declared by the City Council to be necessary, as without each ordinance, the approval of additional licenses, permits, and land use entitlements for any new tobacco retailers or the like would result in a current, immediate, and direct threat to the health, safety, and welfare of the community, taken together, constitute the City Council’s statements of the reasons constituting the necessity and urgency of each ordinance; and WHEREAS, on April 1, 2025, during its review of Ordinance No. 09-25, City Council discussed the scope of the tobacco moratorium imposed by the above ordinances and directed staff to come back to Council with a list of affected tobacco retailers that at some time between 2018 and 2024 had a valid tobacco license and a valid City of Richmond business license from 2018 to present without a change in ownership, and further directed staff to propose an amendment to the scope of the moratorium for Council’s consideration that excludes tobacco retailers meeting those qualifications to the extent those retailers have not otherwise been found to be conducting any illicit activities at their place of business.

NOW, THEREFORE, the City Council of the City of Richmond does hereby ordain as follows:

SECTION 1: That the above recitals and recitals contained in Ordinance No. 03-24 N.S., Ordinance No. 05-24 N.S., and Ordinance 09-25 N.S. are true and correct and are adopted as the City Council’s findings.

SECTION 2: Amended Scope of Tobacco Ordinance
245
Section 2 of Ordinance No. 03-24 N.S., which was subsequently extended by Ordinance No. 05-24 N.S. and Ordinance 09-25 N.S, is hereby amended to read as follows:

Purpose and Authority
In the interest of protecting the health, safety, and welfare of the residents in the City of Richmond, it is the purpose and intent of this ordinance to place a temporary moratorium on the issuance of any new permit, license, or other entitlement for any tobacco retailer in the City of Richmond, except for those tobacco retailers that meet all of the following criteria: (i) at some time between 2018 and 2024 held a valid City tobacco retailer license, (ii) have maintained a valid City of Richmond business license from 2018 to present, (iii) have maintained all other licenses and permits required by state law related to tobacco retailing, and (iv) have not been found to have engaged in illicit activities, such as selling cannabis, untaxed tobacco, out-of-state tobacco, and/or other drugs. The City Council has authority to adopt this ordinance pursuant to California Constitution Article XI, Section 7 and Government Code section 65858 as an urgency measure prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying.

Section 6 of Ordinance No. 03-24 N.S., which was subsequently extended by Ordinance No. 05-24 N.S. and Ordinance 09-25 N.S, is hereby amended to read as follows:

Moratorium on New Permits, Licenses, and Land Use Entitlements.

A. During the term of this ordinance, any new tobacco retailer, except for those tobacco retailers who meet all criteria enumerated in (i)-(iv) provided within Section 2 of this Ordinance, shall be prohibited in all zoning districts and lands within the City of Richmond. Tobacco retailers meeting all criteria enumerated in (i)-(iv) within Section 2 of this ordinance shall, for the duration of this ordinance, be deemed to have met the condition elaborated within section 7.106.060(1) of the Richmond Municipal Code. No application for any permit, license, or land use entitlement shall be granted or approved for any new tobacco retailer in any zoning districts or lands within the City of Richmond unless an exception applies.

B. Notwithstanding any other provision of this ordinance, any person who lawfully holds an existing permit, license, and/or land use entitlement for an existing and lawfully operating smoke shop and/or tobacco retailer in the City of Richmond as of the effective date of this ordinance may continue to lawfully operate under that existing permit, license, and/or entitlement, and may apply for the renewal of any such existing permit, license, and/or entitlement, which renewal may be approved or denied by the City under the standards governing such permit, license, and/or entitlement under existing law.

Nothing herein shall limit the authority of the City to revoke or suspend any existing license, permit, and/or entitlement as authorized under existing law.

SECTION 3: Findings.

All other provisions of Ordinance No. 03-24 N.S. shall remain in full force and effect during the extended term of the City’s moratorium. In no event shall any entitlements or exceptions provided by this Ordinance extend beyond the City’s moratorium on tobacco retailers under 246
Ordinance No. 03-24 N.S, as extended through April 15, 2026, or unless rescinded upon an earlier date.

SECTION 4: Environmental Review/California Environmental Quality Act (CEQA).

This ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The enactment of this ordinance, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c)(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).

SECTION 5: Severability.

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.

SECTION 6: Effective Date.

This ordinance shall become effective thirty (30) days after its final passage and adoption. ------------------------------------------------------
First introduced at a regular meeting of the City Council of the City of Richmond on June 24, 2025, and finally passed and adopted at a regular meeting held on July 1, 2025:

AYES:

NOES:

ABSENT:

ABSTENTION:
______________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_________________________
Mayor
Approved as to form:
_________________________
City Attorney
247

July 1, 2025

Economic Development
PORT

DATE: July 1, 2025
TO: Mayor Martinez and Members of the City Council
FROM:

Charles Gerard, Port Director
Lizeht Zepeda, Senior Business Assistance Officer
Kyle Lam, Management Analyst
Subject:

Contract with RDH Building Science, Inc. for Assessment and Preliminary Rehabilitation Plan
FINANCIAL IMPACT: The total contract value is $57,500, with an additional contingency of $15,000, subject to the Port Director’s
approval, for a total not-to-exceed amount of $72,500.

Funding is included in the Fiscal Year 2025-26 Port
Budgets. (Account String: 40163080-400733-36037)

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Processing Building at Shipyard No. 3 within the
Point Potrero Marine Terminal is a historic structure
experiencing significant deterioration. The Port seeks to retain RDH Building Science, Inc. to assess the building’s condition and develop a phased rehabilitation plan to
support ongoing industrial operations and preserve its
historic integrity.

RECOMMENDED ACTION: ADOPT a resolution and APPROVE a contract with RDH Building Science, Inc. in an amount not to exceed
$72,500 to conduct a facility assessment and prepare a
preliminary rehabilitation plan for the Processing Building at the Point Potrero Marine Terminal, and AUTHORIZE
the City Manager or their designee to execute a contract with a term ending June 30, 2026 – Economic
Development/Port (Charles Gerard/510-620-6792).

AGENDA
REPORT
248

July 1, 2025
DISCUSSION:

Background
The Processing Building, also known as the Machine Shop, is located within Shipyard No. 3 at the Point Potrero Marine Terminal. Built between 1941 and 1942 by Henry J.

Kaiser during World War II, the shipyard employed thousands of residents and produced over 747 vessels as part of the war effort. Following the war, Shipyard No. 3 transitioned briefly into ship repair and dismantling before being vacated in 1946. The Processing Building is listed in the National Register of Historic Places and is situated within the Rosie the Riveter/World War II Home Front National Historical Park.

The Port of Richmond assumed responsibility for the site and has since made incremental infrastructure improvements, including upgrades to utilities, parking, and the Riggers Loft facility. In 2010, the Processing Building was brought back into use as part of the Point Potrero Marine Terminal grand opening. It is currently leased to Auto Warehousing Company for the outfitting of imported Honda and Subaru vehicles.

Over the years, however, the structure has significantly deteriorated. Major concerns include water intrusion, deteriorated glazing causing window failures, outdated restrooms, poor ventilation, and inefficient mechanical and electrical systems. These deficiencies now impact ongoing business operations, prompting the need for a comprehensive facility assessment and rehabilitation plan.

Request for Proposals and Procurement Process
The Port of Richmond released a Request for Proposals (RFP) titled “Assessment and Preliminary Rehabilitation Plan of the Processing Building at the Point Potrero Marine Terminal” on December 17, 2024, via the City’s PlanetBids portal (Attachment 1). The RFP closed on January 30, 2025. Two qualified firms submitted proposals:

 RDH Building Science, Inc.
 Wiss, Janney, Elstner Associates, Inc. (WJE)

City and Port staff reviewed and scored proposals based on RFP evaluation criteria, which included qualifications, project approach, team experience, and cost competitiveness. City staff conducted interviews with both firms to assess responsiveness, clarity, and approach to historic preservation.

RDH Building Science, Inc. received the highest overall score following interviews and evaluation (Attachment 2). City staff determined RDH’s qualifications, experience with historic properties, and proposed methodology best aligned with the project goals.

About RDH Building Science, Inc.

Founded in 1997, RDH is a multidisciplinary building science and engineering consulting firm with extensive experience in historic preservation, building envelope analysis, and rehabilitation planning.

249

July 1, 2025
RDH emphasizes sustainability, durability, and long-term performance in their work.

Their team has completed numerous condition assessments across the San Francisco Bay Area, including historic industrial buildings and civic structures. Their scope for this project includes:

 A full assessment of the building envelope, heating, ventilation, and air conditioning (HVAC), and electrical systems
 Identification of critical deficiencies and repair priorities  Development of a phased or single-phase rehabilitation strategy  Budgeting for short-term and long-term upgrades
 Recommendations to improve functionality, tenant safety, and code compliance

The plan will address operational needs such as:
 Vehicle access for accessory installation
 Conditioned workspaces and break areas
 Modernized restrooms
 Water intrusion mitigation
 Window and ventilation improvements

RDH is uniquely positioned to deliver a practical and historically sensitive plan that supports continued industrial use while preserving the building’s integrity.

Conclusion
The Processing Building at the Point Potrero Marine Terminal is a historically significant structure facing urgent maintenance and rehabilitation needs. Its condition directly affects the Port’s industrial tenants and long-term leasing strategy. Through a competitive RFP process, RDH Building Science, Inc. was selected as the most qualified firm to conduct a comprehensive facility assessment and develop a cost- effective, preservation-aligned rehabilitation plan.

City and Port staff request City Council approval of this resolution and contract to enable the Port to preserve a critical asset at Point Potrero Marine Terminal.

SYNERGISTIC POLICIES:

This project aligns with City Council Strategic Goal Area No. 2 – Increase Revenue and Improve Economic Development, specifically Objective 2.5: Revitalization of the Port.

By investing in the assessment and long-term rehabilitation of the Processing Building, the Port of Richmond is supporting continued operations, preserving a historic facility, and enhancing its leasing potential—all of which contribute to increased revenue generation and the broader revitalization of the City and Port.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposals
Attachment 2 – Scoring Matrix
Attachment 3 – Resolution
Attachment 4 – Draft Contract with RDH Building Science, Inc. 250

REQUEST FOR PROPOSAL

PROFESSIONAL SERVICES TO COMPLETE AN ASSESSMENT AND PRELIMINARY

REHABILITATION PLAN OF THE PROCESSING BUILDING AT THE POINT POTRERO

MARINE TERMINAL

DECEMBER 2024

251

Cover. Processing Building west elevation.

252
RFP-Processing Building- Conditions Assessment and Preliminary Rehabilitation Plan

1 PROJECT OVERVIEW
The Port of Richmond seeks interested parties to complete a facility assessment of the Processing Building (Machine Shop) at Shipyard Number 3 within the Point Potrero Marine
Terminal. The Processing Building is listed on the National Register of Historic Places and located within the Rosie the Riveter World War II Home Front National Historical Park.

Shipyard Number 3 was one of the four shipyards developed in Richmond by Henry J Kaiser between 1941 and 1942.

Employing thousands, the shipyards constructed more than 747 vessels during World War II. Immediately following the war, the Kaiser Corporation converted Shipyard Number 3 to a ship repair facility. However, market demand was not strong enough for these services. Another plan to dismantle vessels at the facility was not feasible and Kaiser abandoned the shipyards in August 1946.

The Port of Richmond, as a department of the City of Richmond, operates and maintains Shipyard Number 3 including the Processing Building and associated buildings on behalf of the Surplus Property Authority of the City of Richmond. The Port has been successful in rehabilitating portions of Shipyard Number 3 including utility infrastructure, parking enhancements, revitalization of the Riggers Loft, and integration of the Bay Trail.

The Processing Building is currently leased to Auto Warehousing Company for the outfitting of Honda and Subaru vehicles imported to the United States. The building’s deteriorating condition, including water leaks, falling windows, and poor ventilation is creating issues for ongoing operations. The Port seeks a consultant to assess the Processing Building ’s condition and make recommendations for its rehabilitation.

At a minimum, the Processing Building shall include the following:

1. Access to vehicles so that workers can install accessories.

2. Temperature conditioned space for Auto Warehousing office employees.

3. Temperature conditioned space for Honda and Subaru office employees.

4. Temperature conditioned break area for all employees.

5. Elimination of water intrusion into the building.

6. Updated restrooms.

Attachment A includes an excerpt from a Historic Structure Report that was completed in 2010.

The Processing Building in 2010 with the grand
opening of the Point Potrero Marine Terminal.

The glazing putting is failing
causing windows to fall in the
Processing Building.
253
RFP-Processing Building- Conditions Assessment and Preliminary Rehabilitation Plan

2 The Port seeks a consultant to offer a plan to strategically rehabilitate the building for its current use. This should include a budget for rehabilitation which could occur over a series of years or in one phase. T he Port understands that due to the historic character, it cannot demolish the building.

The Point Potrero Marine Terminal and location of the Processing Building

SCOPE OF SERVICES
The Port seeks a consultant to provide the following services:

1. Meet with the Port and Auto Warehousing Company to review existing and future needs.

2. Complete a physical conditions assessment, specifically for water intrusion, of the building’s structure, siding, windows, and roof.

3. Evaluate the condition of the heating, ventilation, and electrical systems.

4. Review office space, break area, and restrooms.

5. Prepare a series of short-, mid-, and long-term recommendations with budgets to rehabilitate the building.

The Port anticipates the consultant will prepare an initial draft of the report that includes the following:
• Details of the existing and future needs of the building. • Details related to deficient conditions and needed repairs. • Potential options to rehabilitation in consideration of the historical designation.

The Port and consultant will meet to discuss the initial findings and discuss options to rehabilitate the building. The consultant shall add a final section to the report recommending a series of short-, mid-, and long-term options to rehabilitate the building including associated costs.
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RFP-Processing Building- Conditions Assessment and Preliminary Rehabilitation Plan

3 The consultant shall anticipate completing at least three drafts of the report as well as attending at least five online meetings with the Port. The consultant shall determine the extent and duration of their needs to investigate the existing building.

EXCLUSIONS
The Port is not seeking the following services:

1. Hazardous materials assessment.

2. Electrical load study.

3. Geotechnical investigation.

4. Detailed drawings.

5. Quantitative structural evaluation.

6. CEQA or permitting analysis.

PORT FURNISHED MATERIALS
The Port will provide the following information and materials to the selected Consultant:

1. Existing utility infrastructure supporting the building.

2. Geotechnical information.

3. Electrical as-built information.

4. Hazardous materials assessment of window putty.

SCHEDULE
The Port anticipates this effort will be completed as follows:

Task Date
Release RFP December 2024
Response Due January 30, 2025
Negotiations with Vendor February 2025
City Council Approves Agreement March 2025
Notice to Proceed Late March 2025
Submit Final Report July 2025
255
RFP-Processing Building- Conditions Assessment and Preliminary Rehabilitation Plan

4 FORMAT OF PROPOSAL
If you are interested in providing a proposal for this effort, in less than 20 pages (single sided with a 10-point font), please provide the following information:

1. Cover letter signed by a person authorized to contractually bind the Consultant to the Port;

2. A discussion of the understanding of the work required;

3. A scope of services illustrating tasks and deliverables;

4. A schedule of activities and key milestones;

5. The list of key personnel assigned to the project;

6. A description of similar facility assessment projects;

7. Three (3) references and contact information;

8. A total “not to exceed” fee quotation, presented by task items listed in the s cope of services. This is not counted to the page limit.

Interior of Processing Building.
256
RFP-Processing Building- Conditions Assessment and Preliminary Rehabilitation Plan

5 SUBMITTAL PROCESS
Any questions from prospective vendors must be submitted via the electronic BidsOnline system no later than 5:00 p.m., January 16, 2025. As necessary, responses to questions will be issued via an addendum.

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. Vendor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully no later than 2:00 p.m., January 30, 2025.

EVALUATION CRITERIA
The sole purpose of the proposal evaluation process is to determine which solution best meets the Port’s needs.

The Port will review all proposals received as part of a structured evaluation process. For each decision point in the process, the Port will evaluate proposers according to specific criteria.

A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline.

Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and arrange interviews of the top two or three firms if deemed necessary.

The table below describes the criteria that will be used to review proposals and interview performance, if deemed necessary. The Port offers a total of 100 points, weighted as follows:

Criteria Total Points Available
The understanding of the Port’s needs to develop
an economic building rehabilitation plan 40
Approach to assessing windows, roof, siding, and
building systems 30
Experience with building rehabilitation 20
Adherence to the parameters contained in this RFP. 10

SPECIFIC REQUIREMENTS
Please note that all work must be inclusive of the following:

1. City of Richmond Ordinance No. 16-12 N.S. Richmond Business Opportunity Ordinance.

2. City of Richmond Ordnance Number 15-10 N.S. Local Employment Ordinance.

3. Compensation shall be consistent with Prevailing Wage Requirements as required by the Department of Industrial Relations.

4. Execute an agreement with the City of Richmond; a copy of which is included in Attachment D. No changes to this agreement will be made.

5. The City of Richmond requires consultants doing business with it to obtain insurance, as shown in the Attachment B Standard Contract’s Exhibit F. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project. 257
RFP-Processing Building- Conditions Assessment and Preliminary Rehabilitation Plan

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

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

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

PORT’S RIGHTS RESERVED
For this RFP, City and Port are used interchangeably. The Port reserves the right, in its sole discretion, to:

• Select the proposal which in its sole judgment best meets the needs of the City. The recommended selection of the evaluation committee is final and subject only to review and final approval by the City Council.
• Reject any or all proposals and to waive technicalities and informalities when such waiver is determined by the City to be in the City’s best interest. • Retain all accepted proposals, including proprietary documentation, regardless of which proposal is selected. No proposals will be returned to proposers. • Request any supplementary information it deems necessary to evaluate proposer’s experience or qualifications. This may include supplemental financial information, additional interview(s), and/or additional presentation by the proposer.
• Reconsider any proposal submitted at any stage of the procurement. It also reserves the right to meet with select proposers at any time to gather additional information. Furthermore, the City reserves the right to delete or add functionality (i.e., modules and components) until the final contract signing.
• Cancel, in part or in its entirety, this RFP, including, but not limited to: selection schedule, submittal date, and submittal requirements. If the City cancels or revises this RFP, all proposers will be notified by the City.
• Revise the RFP prior to the date that proposals are due. The City will communicate changes through addendum to this RFP. All registered proposers will be notified of revisions to the RFP. The City reserves the right to extend the date by which the proposals are due. • To reject any and all proposals and to waive informalities and minor irregularities in any proposals received. Failure to furnish all information requested or to follow the format as determined by City, in its sole discretion, requested herein, may disqual ify the proposer. False, incomplete, misleading or unresponsive statements in a proposal may also be sufficient cause for a proposal’s rejection. • This RFP does not commit the City to award a contract. All proposals submitted in response to this RFP become the property of the City and public records, and as such, may be subject to public review. • The City shall not be liable for any pre -contractual expenses incurred by prospective proposers or designated subcontractors, including but not limited to costs incurred in the preparation or submission of proposals.
258
RFP-Processing Building- Conditions Assessment and Preliminary Rehabilitation Plan

7 • The City shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP. • The City of Richmond administers grant funds from various local, state, and Federal sources. All grant- funded expenditures shall comply with the terms and conditions of the grant and the applicable Federal, State, and Local requirements for such expenditures. • Contracts awarded under this solicitation shall/may be funded, in whole or in part, with Federal grant funding. All Federal grant awards are subject to Uniform Administrative Requirements and Cost Principles, codified in 2 CFR 200. See 2 CFR 200 Appendix II.

Bids Online Codes
90648
90600
90607
90610
91842
92500
92588
259

ATTACHMENT A

EXCERPT FROM THE HISTORIC STRUCTURES REPORT

260
Historic Structure Report - Draft
Richmond Shipyard Number Three
December 19, 2010

The exterior of the warehouse consists of
reinforced concrete perimeter walls. The walls
are primarily solid, with minimal doors and
windows at the ground floor level and a regular
pattern of very small (approximately five inches
by twelve inches) vent openings at the upper
floors. The exterior wall thickness was measured
at several locations, throughout the building.

There is some variability in the wall thickness
measured, even at the same floor level, but
typically the walls are eight to nine inches in
thickness at the lower floor levels. The building
is surrounded by a reinforced concrete loading
dock. There is a reinforced concrete canopy
around the entire perimeter of the building
located at the level of the second floor slab.

At the first three levels, there are thirteen bays of
framing in the north -south direction and seven
bays of framing in the east -west direction,
spaced at approximately twenty feet on center.

At the fourth level, two lines of columns in the
north south dir ection have been eliminated,
leaving only five bays in the east west direction,
two at approximately forty feet in width. The
first, second, and third floor concrete columns
are square in plan with column capitals in the
shape of a truncated pyramid, with a drop panel.

The sizes of the columns range from 36” x 36”
at the ground floor to 28” x 28” at the third
floor. The columns at the fourth floor are, unlike
the lower floors, constructed from wood and are
approximately 9” square in cross section.

Typical floor slabs are eleven inch thick
reinforced concrete flat plates with drop panels
over the columns that add an additional six
inches of thickness. Unlike the floor slabs, the
roof is wood framed and consists of tongue -and-
groove boards, supported by regul arly spaced
wood roof rafters.

Machine Shop
Exterior
The Machine Shop is part of the array of
outfitting buildings that include (from north to
south) the Forge Shop, the Machine Shop, the
General Warehouse and the Rigger‟s Loft .

Completed in September 19 42, it was used to
assemble the propulsion machinery for the ships.

The design of the Machine Shop follows the
Streamline Moderne pattern that characterizes
the shipyard as a whole . The building displays
simple, symmetrical massing, the horizontal
bands of windows and the industrial material
palette that is characteristic of the style
(Figure 27).

Figure 27. Machine Shop from the east with General
Warehouse to the south . Historic American Engineering
Record CA-326.

The building is a simple steel frame industrial
structure executed in a basilican form. The
center aisle is four stories in height and flanked
by twin, two -story wings that extend the
full-length of the building . Projecting from the
center of the east facade is another small
one-story volume (Figure 28).

Figure 28. South elevation, Historical American
Engineering Record CA -326. Historic American
Engineering Record CA-326
261
Historic Structure Report - Draft
Richmond Shipyard Number Three
December 19, 2010

All four facades of the building are capped with
a continuous, level parapet. The parapet is a
decorative de tail that conceals the sloping
rooflines of the gabled roof over the center aisle
and the shed roofs over the wings. Originally,
the parapets on the east and west sides of the
building featured projecting letters that spelled
“MACHINE SHOP”. The lettering was stylized
with perfect curves, straight lines and sans serif,
all in keeping with the Streamline Moderne
style. The letters have been removed.

The east and west facades are fenestrated with
four bands of windows. At the clerestory level of
the center a isle are two bands of continuous
ribbon windows . Like the clerestory, the wings
feature two bands of windows. They are grouped
in three- and four-unit sets that are separated by
a thick mullion clad with vertical panels of sheet
metal. This distinguishes t he window bands
from the spandrel runs and parapets, which are
clad with vertically oriented corrugated sheet
metal.

The south facade features three large bays of
windows symmetrically spaced in the center
volume. The center window bay is slightly wider
than the flanking bays . Each bay features a
continuous vertical expanse of glass . The
expanse of windows aligns with the heads of the
upper clerestory windows and the sills level of
the second floor windows of the east and west
facades. The south facade wi ndows are overclad
with vertically oriented corrugated clear plastic.

This appears to be a later, non -contributing
feature that was added to reduce air and water
infiltration.

The south facades of the two story wings each
feature a block of windows on th e first and
second floor that continue the fenestration band
seen on the east and west elevations . There is a
steel roll -up door centered in facade that is
capped by a flat roofed canopy with banded
decoration (Figure 29).

Figure 29. Details of South facade showing banded flat
roof canopy. Also note the corrugated clear cladding over the windows.

The high bay of the north facade features a
single large opening that roughly mirrors the
overall dimensions of the three window bays in
the south facade. It is currently covered in
translucent, corrugated sheeting. Originally, the
first floor of the main facade was open, but it is
currently framed to accommodate three roll -up
steel doors ( Figure 30). The two story wings to
the east and west of the north facade are
identical to the south, with t wo levels of banded
windows.

262
Historic Structure Report - Draft
Richmond Shipyard Number Three
December 19, 2010

Figure 30. North facade of Machine Shop. The original open center aisle has been infilled with a large window and three contemporary roll-up doors.

Interior
The interior of the Machine Shop is relatively
sparse, with an open floor plan and exposed steel
framing at the walls (Figure 31). The center aisle
is defined by a series of nineteen steel bents that
form a shallow sloped gabled roof. The side
wings each have a shallow shed roof that slopes
away from the center of the building . Both roofs
have a wood deck supported by wood purlins.

Figure 31. Interior of Machine Shop, looking south.

The foundation is concrete and the walls are
exposed steel framing with corrugated steel
cladding. An interesting feature of the interior is
a grid of steel plates set into the floor on the
center aisle . The 16 x 20 grid is composed of
square steel plates that are approximately
18 inches on each side and 1 -1/2 inches thick .

The top of the plates feature a shallow divot in
its center, shaped like a circle, a lozenge or a
triangle (Figure 32). The plates are separated by
wood 2x4 spacers set on end.

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Historic Structure Report - Draft
Richmond Shipyard Number Three
December 19, 2010

Figure 32. Steel Plate grid with pattern of shaped divots in top.

The plates‟ function is not known, but they
appear in photographs of the Machine Shop as
early as 1946 ( Figure 33). It may be that they
supported certain machinery of the shop . The
pattern of divots would have allowed for
alignment of the machines relative to one
another. The feet of the machine tables c ould
rest in the divots, aligning them and preventing
movement across the floor.

Figure 33. Machine Shop interior with 2x4 spacers and grid set into floor (outlined in red). Courtesy of Bancroft Library Online Archive of California, Henry J. Kaiser Collection.

Other remnants of the building‟s war -time use
include the jib cranes attached to the steel of the
bents that line the center aisle . Jib cranes are
triangular structures with a projecting boom that
rotates around a column (Figure 34).

Figure 34. Detail of jib crane, east side of center aisle.

Photo enhanced to distinguish the crane from the adjacent structural framing.

The east wing is sparse, consisting of a concrete
slab floor and open plan ( Figure 35). It retains
the tracks of the overhead bridge crane, which is
still functional (Figure 36). The west wing of the
building is infilled with a two-level office space,
toilet rooms and a n open storage loft
(Figure 37). The spaces are wood frame d and
clad with wood panels . The second story spaces
are accessed via flights of external wooden
stairs. Drawings indicate that these spaces date
to the 1940s and suggest that they are original .

Differences in the paneling suggest that the
exterior walls h ave been reclad over the history
of the building.

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Historic Structure Report - Draft
Richmond Shipyard Number Three
December 19, 2010

Figure 35. East wing of Machine Shop.

Figure 36. Detail of bridge crane above east aisle of Machine Shop.

Figure 37. West wing of machine shop, looking south.

Riggers Loft
Exterior
The Sheet Metal Shop/Riggers Loft/Paint Shop
was completed in August of 1942. It was one of
the buildings constructed adjacent to the
Graving Basins in the fitting out area, to provide
support services and prefabricated elements for
fitting out the ships constructed in the yard. It is
a one -story rectangular building with a
projecting volume on its east side . As the name
implies, the interior of the building is subdivided
into three distinct areas. The northern half of the
building is split between the Riggers Loft in the
northeast corner, and the Paint Shop, in the
northwest corner. The Sheet Metal Shop
comprises the southern half of the building and
extends eastward of the Riggers Loft po rtion by
approximately forty feet.

All three functions housed in this building
related to the post-launch efforts of shipbuilding.

After a hull was constructed in the basins, the
ship consisted essentially of a seaworthy hull
fitted with deckhouses. The outfitting work -
installing sheet me tal, electrical systems,
plumbing connections and armaments - all took
place at the Fitting Out Dock after the ship was
launched. A completed C -4 Troop ship moored
at the Outfitting Dock is shown in Figure 38. At
Shipyard Number Three, the Fitting Out Dock is
a reverse L -shaped structure that wraps around
the east side of the yard, adjacent to the Inner
Richmond channel.

Figure 38. Completed C-4 Troop ship moored at
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ATTACHMENT B

STANDARD CONTRACT

266

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

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

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

FY
total compensation shall not exceed $
FY total compensation shall not exceed $
FY total compensation shall not exceed $

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

Service Plan which is attached hereto and incorporated herein. [ ] A California corporation , [ ] limited liability corporation, [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:]______________________________ [ ] other [specify:]__________________________________ 267

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

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

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

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

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

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

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

Title By:

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

By:

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

By:

By: Title:

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

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

SERVICE PLAN

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

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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel, etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

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

City of Richmond Finance/Account Payable
Project Manager:

P.O. Box 4046
Richmond, CA 94804

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

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

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

6. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized. 270
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

City of Richmond –
Richmond, CA 94804
Email: ______________________________________________________

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

Business Name
Street Address
City, State Zip
Email: ______________________________________________________ 271
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medi cal condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political 272
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affiliation, military and veteran status or legitimate union activities . Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.
b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and t o allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment. c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
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8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license , required in connection with the performance of the services and tasks hereunder . The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumst ances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

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

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses 274
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whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor.

Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee. b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.
c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture. d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then 275
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Contractor shall submit a written request for consent to add sub-contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.
e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor. f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.” g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13 SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours.

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

Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, 276
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including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable. b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code. c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor .
d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall 277
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be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to 278
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City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City.

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

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the 279
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United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 280
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EXHIBIT E

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

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

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

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

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional 282
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Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:

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

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

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

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Contractor in this Contract and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.
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As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

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

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

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

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

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

The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater. 284

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

285

ATTACHMENT C

RICHMOND SANCTUARY CITY CONTRACTING ORDINANCE NO. 12-18

286
287
288
289

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).

Contractor understands the meaning of the following terms used in the SCCO:

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

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

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

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

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

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
290

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

Printed Name: Title:

Signed: Date:

Business Entity:
291

ATTACHMENT D

RESOLUTION NO. 86-21 - DISCLOSURE STATEMENT OF LIMITED LIABILITY COMPANIES FORM

292
293
294

Disclosure Statement for Limited Liability Companies
This Statement Shall be included with all Bid and Proposal Submissions Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC. If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual people is disclosed.

Name: _____________________
Title: _____________________
Address:__________________________________________

Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.

In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.

Signature: _____________________
295

Printed Name: _____________________
Title: _____________________
Date: _____________________

296

END REQUEST FOR PROPOSAL

297

REHABILITATION PLAN OF THE PROCESSING BUILDING AT THE POINT POTRERO MARINE TERMINAL Submittal date 01.30.2025
Scoring
Element
Total Points
Possible
RDH Building
Science Inc. WJE
The understanding of the Port’s needs to
develop an economic building
rehabilitation plan
40 36 35
Approach to assessing windows, roof,
siding, and building systems 30 27 25
Experience with building rehabilitation 20 19 20
Adherence to the parameters contained in
this RFP. 10 10 8
Total 100 92 88
298

Reso. No. _____

RESOLUTION NO. ______

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

CALIFORNIA, APPROVING A CONTRACT WITH RDH BUILDING SCIENCE, INC. FOR A FACILITY ASSESSMENT AND PRELIMINARY REHABILITATION

PLAN FOR THE PROCESSING BUILDING AT THE POINT POTRERO MARINE

TERMINAL

WHEREAS, the Port of Richmond seeks to preserve and revitalize key facilities at the Point Potrero Marine Terminal (PPMT) to support tenant operations and long -term leasing potential; and

WHEREAS, the Processing Building, also known as the Machine Shop, is located within Shipyard No. 3 at PPMT and is listed in the National Register of Historic Places as part of the Rosie the Riveter/World War II Home Front National Historical Park; and

WHEREAS, the Processing Building is curren tly experiencing deterioration, with issues including water intrusion, failing glazing, and outdated mechanical systems, all of which impact ongoing tenant operations and the structural integrity of the facility; and

WHEREAS, the Port of Richmond released a Request for Proposals (RFP) for a facility assessment and preliminary rehabilitation plan for the Processing Building and received two proposals in response; and

WHEREAS, RDH Building Science, Inc. was selected through a competitive evaluation and interview process as the most qualified respondent; and

WHEREAS, RDH Building Science, Inc. submitted a proposal to conduct the assessment and develop the rehabilitation plan for a base contract amount of $57,500; and

WHEREAS, the Port of Richmond may seek to amend the contract at a later date to include a contingency amount not to exceed $15,000 for additional scope or unforeseen needs, subject to available funding and approval by the City Manager or their designee;

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves a contract with RDH Building Science, Inc. in the amount of $57,500 for a facility assessment and preliminary rehabilitation plan for the Processing Building at the Point Potrero Marine Terminal.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or their designee to execute a future contract amendment to add a contingency amount not to exceed $15,000, subject to available funding and determination by the Port Director that such amendment is necessary.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or their designee to execute all documents necessary to implement the contract and any authorized amendment.

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

***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****

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

AYES: AYES:

NOES:

299

Reso. No. _____

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
300

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

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

Vendor No: Contract No:

Description of Services:

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

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

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

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

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

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

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

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

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

Economic Development - Port
Charles Gerard
[email protected]
(510) 620-6792
Port of Richmond Processing Building Assessment
RDH Building Science Inc. (RDH)
1901 Harrison Street, Ste. 1210
Oakland, CA, 94612
Tammy Siliznoff
(510) 853-4497
[email protected]
40068274
July 1, 2025
June 30, 2026
57,500.00
301

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

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

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

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

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

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

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

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

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

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

LIST OF ATTACHMENTS:

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

RDH Building Science Inc. (RDH)
302
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN

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

RDH Building Science Inc. (RDH)
See scope and budget attached.
303

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 1 TO Port of Richmond 31454.000
Port of Richmond Condition
Assessment
EMAIL Online submission
Port of Richmond
DATE May 9, 2025

REGARDING Proposal for Port of Richmond Processing Building Condition Assessment and Preliminary Rehabilitation Plan (Revision 1)
Dear Port of Richmond,
I am pleased to submit this proposal on behalf of RDH Building Science Inc. (RDH) for a Building Condition Assessment and Preliminary Rehabilitation Plan for the Port of Richmond Processing Building, located at the Point Potrero Marine Terminal in Richmond, CA.

Founded in 1997, RDH is a high-performance building science consulting and engineering firm that is dedicated to improving the built environment. We recognize that Building Science is a holistic discipline, one that brings together durability, environmental impact, and performance to create long-lasting solutions. Our work reflects a commitment to these principles, ensuring that every project we undertake contributes to building a more sustainable and resilient future.

With over two decades of experience in the field, RDH has completed numerous condition assessments on buildings and historical structures throughout the San Francisco Bay Area. We understand the unique needs of aging structures, and our team’s expertise allows us to deliver thorough, actionable insights that help our clients make informed decisions regarding their building’s future.

This proposal outlines our approach to performing a comprehensive condition assessment of the Port of Richmond Processing Building. We will evaluate the existing conditions, identify any critical repair or rehabilitation needs, and develop a Preliminary Rehabilitation Plan to guide future work. Our goal is to provide you with a clear, well-structured plan that balances technical feasibility, cost-effectiveness, and long-term durability.

We are confident that RDH’s experience and commitment to excellence will ensure a successful outcome for this project, and we look forward to the opportunity to work with you. Please do not hesitate to contact me directly with any questions or for further clarification on any aspect of this proposal. We are happy to revise our services as needed.

Thank you for considering RDH Building Science Inc. We look forward to collaborating with you.

Tammy Siliznoff | MS, PE (CA), LEED AP
Principal, Specialist
[email protected]
T 510-853-4497
RDH Building Science Inc.

304

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 2 Project Background
The Processing Building (Machine Shop) at Shipyard Number 3, at the Point Potrero Marine Terminal was built between 1941 and 1942 and is listed in the National Register of Historic Places. It is located within the Rosie the Riveter World War II Home Front National Historic Park.

The Processing Building is owned and operated by the Port of Richmond and is currently leased to an automotive outfitter. The building enclosure systems at the Processing Building, including the metal panel exterior walls, single-pane fenestrations, and multi-ply roofing, are deteriorating and failing. The existing deterioration has been evidenced by water intrusion, failing windows and glazing, and poor ventilation. Additionally, assessment of the interior mechanical and electrical systems is necessary to determine the existing condition and immediate and future needs of these systems. We understand that the Port of Richmond is seeking services to assess the Processing Building’s condition and make recommendations for its rehabilitation and renovation.

Port of Richmond
Processing Building (South
Elevation)

Scope of Services
We consider this condition assessment to be an evaluation phase to assess the current condition of the building enclosure and to determine the extent to which subsequent repair work is necessary, or where the opportunity exists to significantly improve the overall building performance related to energy and comfort. RDH will partner with Marx Okubo to perform assessments, provide recommendations for rehabilitation needs, and provide budgets for those needs.

RDH will provide the building enclosure scope of work while Marx Okubo will provide the mechanical, electrical, plumbing, and fire protection systems condition assessment. Note that the building enclosure is directly related to the heating and 305

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 3 ventilation aspect of the condition assessment and will require close coordination with Marx Okubo.

Building Enclosure
Our building enclosure condition assessment will include a visual assessment and diagnostic testing, with the intent of providing the Port of Richmond information on the current condition of building enclosure systems, including the cladding, paint, roofing, and fenestrations. We will review for potential issues related to drainage, condensation risk, and overall building envelope performance. Following our site assessment, we will assess the feasibility of various repair and performance upgrades and provide the Port of Richmond with multiple options for both short and long-term rehabilitation.

Our base scope of work includes a visual inspection from the ground and flat roof areas, and a drone survey of the exterior and interior spaces. We may also use various non-destructive testing procedures, such as infrared thermography, to assess for hidden wet areas. We will also perform diagnostic water testing in targeted locations to investigate potential leak paths through the existing building enclosure. Following our initial visual inspection and testing, we may request that exploratory openings be made to verify locations of water intrusion or other deficiencies within the existing assemblies.

Heating, Ventilation, and Electrical
Marx Okubo will perform one site visit, which will include a limited walk-through survey of the mechanical, electrical, plumbing, and fire protection systems at accessible areas. The extent of review is based upon the sample size(s) for property elements as specifically defined herein, or as determined by Marx Okubo as a reasonable number of repetitive systems, components or conditions so as to reasonably perform the Services. The objective of the walk-through survey is to visually observe the subject property so as to obtain information on material systems and components for purposes of providing a brief description, identifying physical deficiencies to the extent that they are readily visible and readily accessible, identifying an opinion of costs when appropriate, and obtaining information needed to address such issues.

Note that the scope of this proposal does not include energy modeling, design, documentation, or implementation of repairs, since the extent of this potential work is still unknown. This proposal covers Phase 1 as defined below (Condition Assessment).  We will provide a separate proposal for Phases 2 and 3 after the Condition Assessment, if requested , once the team has better defined the scope for the building enclosure rehabilitation.  Accordingly, we break down the project into the following phases:
 Phase 1 – Condition Assessment  and Scope Definition
 Phase 2 – Design and Value Engineering
306

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 4  Phase 3 – Construction & Construction Administration
Phase 1 – Condition Assessment (CA)
We have separated our condition assessment scope into general services, and system-specific services, for clarity.

General

Review any available documentation pertaining to the original design and construction of the building enclosure, as well as any renovations related to the facade.  This documentation should ideally include full sets of architectural, structural, and mechanical drawings with specifications and, if available, any photographs of the building while under construction or renovation. These documents may be used to specifically identify, or assist in the identi fication of, physical de ficiencies, as well as any preceding or ongoing efforts, or costs to investigate or remediate the physical de ficiencies, or a combination thereof.. No commentary on the accuracy of such documents will be included.  Review any documentation relevant to the existing project conditions, including but not limited to moisture-related, mechanical, or electrical issues, and previous reports, photographs, and information related to previous repair work or renovations undertaken.
 Conduct an initial site walk with the project team to familiarize ourselves with the building, define the scope of work, obtain a better understanding of the building enclosure, mechanical, and electrical systems, and discuss the Port of Richmond’s general needs. This meeting and preliminary site walk occurred on April 18, 2025.
 Known issues of concern to the include:
 replacing outdated and hazardous electrical circuits, panels and safety switches within the building; upgrades to restrooms, including replacement of all plumbing fixtures (with some exceptions); overall condition of cast iron sanitary waste and vent lines; demolition of all abandoned compressed air and other process piping.
 Water ingress at the roofs, walls and windows, corrosion of the exterior metal wall panels and steel-framed windows, water ingress at the offices and break room areas.
 Per the Port, scope of investigation of plumbing systems limited to piping within or directly under the building.
 Spend up to two (2) days on site with staff from RDH to review the condition of the building enclosure systems, conduct diagnostic testing, and review exploratory openings (if applicable). We note that the primary focuses of our investigation and testing may evolve based on our observations and findings in the field. Staff from Marx Okubo will spend one (1) day on site in conjunction with RDH to visually review the building with respect to the heating, ventilation, 307

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 5 air conditioning, plumbing, electrical, and fire protection systems to the extent they are accessible and visible. During the investigation, we will require the Port of Richmond to provide us with safe access to the interior and exterior of the building and the applicable mechanical and electrical equipment. Means of safe access may include ladders and tie-off anchors at roofs (we will provide our own harnesses and lanyards, and other PPE).
 We will make reasonable efforts to interview property management and maintenance personnel during the site visit, or by telephone before or after the site visit, to the extent that persons with knowledge of the subject project are available and cooperative. The purpose of the interviews is to augment the walk-through process, further our understanding of the subject property, and assist with the identification of physical deficiencies. Questions will be asked at our discretion in an effort to discover the following information:
 Type and extent of deferred maintenance and deficiencies.  Anticipated costs to remedy known physical deficiencies .  Historical costs incurred for repairs, improvements, recurring replacements, etc.
 Programs for preventative maintenance, repairs, and budgeting for replacement reserves.
 Age of systems, components and equipment when they differ from the age of the property.
 Current and recent maintenance practices.
 Existence of outstanding citations for building, fire, and zoning code violations.

Interiors

Perform a visual walk-through review of interior conditions, to assess any impact of exterior enclosure performance issues. We request access to rooms that border exterior walls and roofs.  If any rooms are experiencing specific problems as identified by maintenance staff or the Owner, we would request that those units be part of our survey.  We will review accessible and visible areas where heating and ventilation, plumbing, electrical, and fire protection equipment are installed. This includes the offices, break rooms, and restrooms, as well as any other applicable locations.
 Perform a drone survey of the interior walls and ceilings. We will use a drone (provided and operated by RDH) to document the overall conditions of the interior walls and ceilings, and to review locations that are not readily accessible to our staff during our investigation
 Where visible on either the exterior or interior, we will document the locations of roof drains and downspouts to assist with future design phase efforts. 308

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 6 Exterior Walls and Roofs

Perform a visual review of the exterior walls, roofs, metal flashings, at-grade conditions, and other cladding elements to gain a broad perspective of the construction methodology and performance of the building materials. We anticipate accessing the exterior walls from the ground and low roofs, using ladders or other safe access means as necessary. Access to the exterior of the building, including ladders and lifts, is to be provided by the Port of Richmond.  Perform a drone survey of the exterior walls and roof. We will use a drone (provided and operated by RDH) to document the overall conditions of the exterior walls and roofs, and to review locations that are not readily accessible to our staff during our investigation.
 We will review for concrete base of wall performance, noting locations and degree of spalling, any coating deficiencies, reinforcing bar corrosion, and efflorescence.
 Review and comment on drainage patterns and conditions at the roof areas and compare against historic information that may be available on the original drawings or as part of other project documentation.
 Where safe access exists, perform a visual review of a representative sampling of the roof areas, including identification of material types, roof slopes, conditions of flashings and edge conditions, and overall assessment of the approximate remaining useful life. If appropriate, we may perform an infrared (IR) thermography scan to help identify areas of water intrusion.  Exploratory Openings:  In the event that our visual assessment and diagnostic testing reveals significant evidence of issues occurring in concealed locations, we may recommend that exploratory openings be made to confirm concealed conditions. This would entail engaging a local contractor to make openings through the exterior or interior assemblies to determine the concealed construction and conditions. We will direct the contractor to make openings in certain areas, carefully disassemble underlying materials to allow our observation, and then repair the openings back to their original condition. The cost of a general contractor’s assistance to make and repair openings is not included in our fee.
309

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 7 Example Roof IR Scan

Glazing Systems

Perform a visual assessment of wet seals, putty, and glazing gaskets at a representative sampling of each window type (including glazed doors).  Identify areas of decay at wood windows and corrosion at steel-framed windows.
 During interior review, identify evidence of window frame or glazing leakage.  Review for operable functionality, hardware, sash weights, glazing seal failure, frame deformation, and other visually identifiable conditions that may affect the assembly performance.
 Measure window components and surroundings to identify options for repairs and thermal upgrades at windows.

Diagnostic Water Testing
Diagnostic water testing is an investigative tool that may be used to assess the overall performance characteristics of windows, wall assemblies, and roof assemblies, and to track specific leakage activity to determine its cause. RDH has all the equipment and trained, skilled staff necessary to perform diagnostic water testing at the existing window, wall, and roof assemblies. We will use a calibrated AAMA nozzle and test in accordance with AAMA 501.2 Quality Assurance and Water Field Check of Installed Storefronts, Curtain Walls and Sloped Glazing Systems and ASTM E2128 Standard Guide for Evaluating Water Leakage of Building Walls .

Schedule of Activities and Key Milestones
Based on the RFP, we understand that the Port’s timeline for the condition assessment is as follows:
 Notice to Proceed issued Late March 2025
310

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 8  Meetings with The Port of Richmond for project kick-off and coordination, Early April, 2025confirm
 Site Investigation to be coordinated with The Port of Richmond approximately between April 15th – May 15th, 2025.
 Two Draft Condition Assessment Reports June-July 2025  2 Meetings with Port of Richmond June-July, 2025
 Complete Final Report by July 2025
 Meeting with The Port to present final report and answer questions Based on discussion with the Port of Richmond during our site walk on April 18, 2025, we understand that the site investigation may not be conducted until June- July 2025. In this case, we anticipate providing two draft condition assessment reports and attending follow-up meetings between July-August 2025, and anticipating completing the final report by the end of August 2025.

Deliverables
Once our field efforts are complete, we will:
 Prepare a written and photo-illustrated Condition Assessment Report documenting the findings from our evaluation of the building enclosure, heating, electrical, and ventilation systems. We will provide two drafts for review and one final report. Our report will include the following:
 Detailed descriptions of the deficient conditions on the building, the causes of these conditions, and the existing and future needs of the building to address these conditions. We will provide several repair options and identify the repair options as short-, mid-, or long-term.  Options for rehabilitation in consideration of the building’s historic designation. We will follow the U.S. Department of Interior guidelines for preserving the historic nature of the building. We have also budgeted up to eight (8) hours of time for correspondence and meetings with the City of Richmond related to meeting historic requirements.  Alternative repair approaches. We understand that the Port of Richmond is interested in a range of repair options, where applicable. These may include full rehabilitation of the building enclosure, targeted repairs and replacement of exterior elements, interior retrofit options, and addition of modular buildings to replace interior break rooms and offices. Our report will include MEP implications/recommendations for the addition of modular buildings interior of the building enclosure.  Results of diagnostic water testing and other testing (if any).  We will provide an Opinion of Costs document (“Costs”) to address the necessary capital expenditures identified during the performance of our Basic Services. The Costs are intended only as a preliminary budget and not the 311

31454.000 | RDH PROPOSAL FOR PORT OF RICHMOND CONDITION ASSESSMENT R1| May 9, 2025 9 actual estimated costs to complete repairs, as actual costs will vary depending on the design, current subcontractor market factors, and potentially unforeseen conditions associated with the components for which an opinion of cost is provided. Items to be included in the Costs will be greater than $3,000 per item, with the exception of items determined by the team to be life/safety and accessibility issues, which will be included in the Costs regardless of their value.
 Participate in up to five (5) online meetings with the Port of Richmond and/or the broader project team to review our findings and to define the scope of work for subsequent phases.
 We will provide electronic copies of the Costs and Report in Portable Document Format (PDF) format.

Exclusions

MEP Exclusions: Observations of flue connections, interiors of chimneys, flues or boiler stacks; tenant-owned or maintained equipment; process-related equipment; testing or measurements of equipment or air flow; removal of electrical panel and device covers, except if removed by building staff or unless deemed safe and appropriate to the scope of the assignment; EMF issues; electrical testing or operating of any electrical devices; determining NFPA hazard classifications; and entering of plenum or confined space areas, unless deemed safe and appropriate to the scope of the assignment.  Contractor costs to make and repair exploratory openings (if applicable).  Access provisions, including lifts and ladders.

Project + Client References

Pier 70, Building 12, San
Francisco
Pier 70 Building 12 was used as a
naval shipbuilding facility in the
1940s, but had been unoccupied
for decades.

The building has been
rehabilitated into a mixed use
commercial and office building,
which included raising the original
structure an additional story.

The historic preservation authority
required that the original steel-
framed windows and corrugated
cladding be preserved.

RDH provided building enclosure
condition assessment, design
assist services, and construction
administration and field review
services to restore and re-glaze
the historic steel-framed windows
and corrugated cladding, insulate
the exterior walls, add a
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conventional SBS roof assembly
and below-grade waterproofing
system, and add curtain wall and
sliding glazing systems at grade.

Client Reference:

Ariane Fehrenkamp, AIA, LEED AP
Senior Project Manager, Senior
Associate, Perkins & Will
415-780-9707 |
Ariane.Fehrenkamp@perkinswill.
com

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McClintock Building, San
Francisco
The McClintock Building in San
Francisco is a historic concrete
framed building.

Restoration and modernization of
the building included new roofing,
new skylights, and repaired
windows, repaired exterior
concrete walls, and roof deck
waterproofing.

RDH services included a condition
assessment, encompassing water
testing and infrared thermography
to examine the existing roof for
water intrusion, and design assist
services for the renovation.

Client Reference:

NAME, Perkins & Will
tel | email

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American Steel Building,
Oakland, CA
RDH performed building enclosure
condition assessment services, a
water intrusion investigation and
testing of three former industrial
warehouse buildings, which make
up the American Steel property.

The buildings are steel-framed
construction, with steel-framed
windows and corrugated metal
siding.

The warehouses at American
Steel were built in 1924, 1937, and
1957, and underwent a major
renovation beginning in 2021.

American Steel is now a tech
startup hub.

Client Reference:

Gregory Scharlemann, Senior
Vice President,
ScanlanKemperBard
503-220-2600 |
[email protected]

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RDH is the leader in the Building Enclosure Engineering field. The above documents are examples of our research and guideline work related to building enclosure performance. ( Building Enclosure Rehabilitation Guide: Multiunit Residential Wood-Framed Buildings ; Building Enclosure Design Guide – Wood-Frame Multi-Unit Residential Buildings ; Guide for Designing Energy-Efficient Building Enclosures for Wood -Frame Multi-Unit Residential Buildings in Marine to Cold Climate Zones in North America) Project Team
Tammy Siliznoff will lead this project as Principal-In-Charge, overseeing the overall execution of the work.

David Lattimore will act as Project Lead, leading the field review efforts, coordination, and building enclosure scope.

Sandy Blair will lead the MEP efforts for the project and will work with Brad Wolf for the condition assessment.

We will include other technical staff members to meet the needs and timeline for the condition assessment efforts.

Biographies for these staff members are enclosed for your reference. Please visit our website, www.rdh.com, for additional information regarding our firm.

Fees & Terms
Our General Terms and Conditions for this project, including our Project Rate Sheet, is attached and made part of this agreement. If you require the use of other terms, we will make good faith efforts to negotiate alternative contract terms, in which case, additional fees may apply.  However, if we are not able to mutually agree upon replacement terms or other form of contract, then the terms of this agreement will apply to the services already provided.

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FEE SUMMARY TABLE
LEAK INVESTIGATION & REPORT (FIXED FEE) Base Servic es
Five (5) Online Meetings $5,500
Document Review $4,000
Preliminary Site Walk (completed) $3,500
Physical Condition Assessment – Building Enclosure (Two (2) days), includes testing equipment) $7,000
Drone Assessment (Includes equipment) $3,000
Physical Condition Assessment – Heating, Ventilation,
Electrical, Plumbing, Fire Protection Systems (One (1) day) $4,000
Report (Two (2) drafts, one (1) final), Opinion of Costs. $30,000 Estimated Expenses (site visit costs, equipment,
materials, meals, mileage expenses) $500
TOTAL $57,500
Terms
We understand the terms of agreement must follow the Attachment D with the City of Richmond, as outlined in the RFP.
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Expertise +
Experience
Tammy's investigation work on new and existing
buildings spans a broad portfolio of types,
including city and government facilities, mixed-use
developments, residential buildings, and higher
education campuses. Particularly in her work in the
San Francisco Bay Area, she brings expertise,
construction experience, and material knowledge in
paints and coatings, corrosion, glazing assemblies,
roofing materials, and assemblies, wall claddings,
below-grade systems, expansion joints as well as
other building elements to the project dynamic.

She is highly experienced with material and
assembly testing and analysis using industry
standards or modified test methods, such of
material analysis by electron and optical
microscopy, material properties testing, water
testing, material adhesion testing, air infiltration
testing, hygrothermal monitoring, and a variety of
other tests.

In addition to leading countless investigation
projects on behalf of RDH, Tammy is also skilled in
providing litigation support services that
objectively prepare our clients for issues raised in
disputes. As a highly skilled engineer, she draws on
her expertise in materials science, climate,
architecture, construction, and risk to provide
expert witness testimony, coordination,
documentation, and other related services.

She joined the Oakland RDH office in January 2015.

Note projects listed (with SGH) are projects Tammy
worked on with his previous employer form 2007 –
2012.

Education
M.S. Materials Science and Engineering, University
of California, Davis
M.S. Civil Engineering Project Management,
University of California, Berkley
B.S. Materials Science and Engineering, University
of California, Davis
Memberships
Registered Professional Engineer, CA (80492)
LEED® Accredited Professional
Member, American Society of Civil Engineers
Member, Engineers Without Borders
Select Publications
 Siliznoff, T., Building Enclosure Design to
Accommodate Wood Shrinkage, Structure
Magazine, 2023.
 Harrell, T. Pinon, J., Shane, C . Building
Enclosure Design for Modular Construction. 3 rd
Residential Building Design & Construction
Conference, 2016.
 Harrell, T, et al. Microstructure and
Strengthening Mechanisms in an Ultrafine
Grained Al-Mg-Sc Alloy Produced by Powder
Metallurgy . Metallurgical and Materials
Transactions A, Vol. 45, December 2014.

Typical Projects

FORENSIC INVESTIGATIONS
Tammy provided investigation and condition
assessment services for the following existing
buildings:
 St. Elizabeth’s East Hospital, Washington, DC –
investigation and testing of bullet resistant
glazing with visible crazing.
 CSU Maritime Academy, Vallejo, CA – multiple
paint failure investigations of steel trellis and
remediation design.
 Hotel Nikko, San Francisco, CA – high rise
building condition assessment and adhered
tile failure investigation.
 Oakland Arena, Oakland, CA – plaza deck
waterproofing and roofing investigation and
design.
 1700 Webster, Oakland, CA – Pool enclosure
investigation, humidity and condensation
monitoring, corrosion assessment and
remediation design.
 Hayward Fire Training Center, Hayward, CA –
window and wall water intrusion investigation
and remediation design.

Tammy Siliznoff | M.S., P.E., LEED® AP
Principal, Specialist
As a Project Manager, Tammy is known to her clients as a diligent, detail- oriented, and communicative team member. Her knowledge and advanced studies in Materials Science are a reflection of her technical nature and problem-solving abilities in forensic investigations. She can be trusted to see that critical components of the project--whether it be related to identifying key factors in failure investigations, developing technical testing plans, design, schedule, budget or personnel--are thoughtfully considered and addressed. From beginning to end, Tammy is key to enabling a proactive, productive, and efficient project process. 318

Tammy Harrell | M.S., P.E., LEED® AP
Principal, Specialist
rdh.com | buildingsciencelabs.com
 Marin General Hospital, Greenbrae, CA –
below-grade, expansion joint, curtain wall, and
wall cladding investigations and remediation
design.
 Santa Barbara Cottage Hospital – investigation
of water intrusion at wall cladding and
corrosion within wall assembly,
recommendations for repair.
 EBMUD Orinda Water Treatment Plant Chemical
and Administration buildings – investigations
into water ingress of new roofs and provide
recommendations for repairs, identify
deficiencies associated with installation.
 Hotel Dena, Pasadena, CA – plaza and glazing
water intrusion investigation and
recommendations for repairs.
 Denver Art Museum, Denver, CA –
investigation and testing of condensation-
related water ingress at roofs (with SGH).
 Class action lawsuits of five vinyl-framed
window manufacturers throughout California.

Water and air infiltration testing (with SGH).

BUILDING ENCLOSURE CONDITION

ASSESSMENTS
 5 Third St, Hearst Building, San Francisco, CA –
Historic façade condition assessment.
 CSUS Mansion, Hillsborough, CA- full building
condition assessment and rehabilitation
recommendations for historic building.
 SJSU San Jose, CA - roof condition assessment
and recommendations for rehabilitation.
 EBMUD Orinda water treatment plan, Orinda,
CA- condition assessment of several building
roofs to determine the need for rehabilitation
and recommendations for assemblies.
 Sentinel Building, San Francisco, CA - façade
condition assessment and repair
recommendations for rehabilitation of copper
cladding and windows.

BUILDING ENCLOSURE CONSULTING
Tammy provided design and construction
document review services for the following
buildings:
 REALIZE CA, Various sites in CA – Panelized
deep energy retrofit development,
implementation and performance monitoring,
including installation of data loggers within
roof and wall assemblies, hygrothermal
monitoring and full building air infiltration
testing.
 Silvery Towers, San Jose, CA – Curtain wall and
waterproofing consultant of two high-rise
residential towers.
 Transbay Transit Center, San Francisco, CA –
Walkable fire-rated skylight system.
 San Leandro Affordable Housing, San Leandro,
CA – modular multi-family housing.
 Thunder Valley Casino Resort, Lincoln CA –
reroofing design.
 Stack Modular Projects, Belize (and other
locations) – Corrosion protection and testing
recommendations for steel structures in
contact with, and near, sea water.
 LA Metro Westside Extension, Los Angeles, CA
– below-grade material review for use in
contaminated conditions.

Figure 1. San Leandro Affordable Housing
modular construction.

Figure 2. St. Elizabeth Hospital bullet resistant
glazing failure investigation.
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Expertise + Experience
Nicole’s typical responsibilities include providing
construction field review services as well as
contract administration, mock-up and assembly
reviews, warranty reviews, and site visit reports.

She works closely alongside Senior Project
Managers at RDH, providing building science
recommendations and consulting services.

In addition to her field duties, Nicole reviews and
analyzes design drawings, shop drawing
submittals, and assists with the development of
design details.

She also runs hygrothermal simulations using a
variety of programs including PHPP, WUFI, THERM
and HOT2000.

Prior to joining RDH in 2015, Nicole was an
Assistant Project Manager at a Canadian
construction services company, where she
managed financials, negotiations, forecasting and
account resolutions for multiple subcontractors, as
well as contract administration and design
coordination. Nicole was also previously a Utilities
and Construction Coordinator responsible for the
preparation and management of project schedules,
development of bid and contract documents, and
the design and construction coordination of major
utility work.

Nicole is an Associate and is committed to the
success of RDH projects.

Education
M.B.Sc., Building Science, Ryerson University, ON
B.A.Sc., Civil Engineering, University of Toronto,
ON
Memberships
Member, LEED AP Building Design + Construction
Typical Projects

BUILDING ENCLOSURE C ONSULTING
Nicole has assisted with a variety of new
construction projects, some of which include the
following:
→ Jewish Home of San Francisco Continuing Care
Residential Community, San Francisco, CA –
Five mid-rise buildings for senior living and
commercial space
→ Silvery Towers, San Jose, CA – Two high-rise
residential towers with a glazed window wall
and sections of metal panel
→ Lucile Packard Hospital at Stanford University,
Palo Alto, CA – Below-grade and plaza
waterproofing, unitized curtain and storefront
systems, point-supported structural glazing,
roofing systems
→ Apple Site Parking and Data Center, Cupertino,
CA – Waterproofing of below-grade data center
→ New Stanford Hospital, Palo Alto, CA – Design
and construction documents for this 800,000
sq ft hospital, primarily consisting of various
curtain wall assemblies, precast concrete
elements and plaza decks with multilayer
waterproofing system
→ 1201 Bryant Street, San Francisco, CA –
Renovation and repurposing of an existing
facility, aiming for LEED Gold certification
RESEARCH + DEVELOPMENT
Nicole’s research experience includes the analysis
of residential basement insulation at structural
footings for high efficiency and building code–
compliant homes.

Nicole Chatterton | EIT
Associate, Building Science Consultant
Nicole Chatterton is a Building Science Consultant with a background in civil engineering. Her primary focus of work is on new construction projects. Nicole has over nine years of experience working on major public infrastructure projects.
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NAME

LOCATION

POSITION
Leadership
Sandy S. Blair, AIA, CASp
San Francisco, California
Vice President
Sandy, Vice President and a key part of the West region’s senior management, has been a longstanding member of the Marx|Okubo team for over two decades. She focuses on developing client relationships and business for the West region and is a client manager for national institutional clients. She is also engaged as a firm leader in design and constructability reviews, property condition assessments, owner’s representation, detailed cost analyses, and accessibility reviews. In her roles, she provides solutions to clients’ needs, maintains and strengthens existing client connections, and develops new relationships.

Sandy has been working in the fields of architecture and construction for nearly three decades, including design/build work. Her experience has included design development, construction document preparation, and construction administration for the renovation of residential properties, as well as owner’s representation of residential, retail, and office properties.

She has performed many forensic investigations focused on exterior envelope issues.

Sandy earned a bachelor’s degree in architecture from the University of California - Berkeley. She is a licensed architect in California and a member of the American Institute of Architects (AIA), as well as a Certified Access Specialist (CASp) in California.
[email protected]
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EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

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

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

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

2. SUBMISSION OF INVOICES:

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

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

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

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

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

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

Charles Gerard
Charles Gerard
RDH Building Science Inc. (RDH)
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Charles Gerard
[email protected]
RDH Building Science Inc. (RDH)
RDH Building Science Inc. (RDH)
1901 Harrison Street, Ste. 1210
Oakland, CA, 94612
[email protected]
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EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

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

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

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

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

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

7. RECORDS:

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

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

RDH Building Science Inc. (RDH)
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

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

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

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

10. CONFLICT OF INTEREST:

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

11. HOLD HARMLESS:

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

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:

a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

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

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

13. SAFETY:

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

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

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

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

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

14. INSURANCE:

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

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.

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

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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

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

16. INTEGRATED CONTRACT:

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

17. CONFLICTING PROVISIONS:

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

18. FORCE MAJEURE:

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

19. CONFLICT OF LAW:

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

20. CLAIMS:

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

21. INTERPRETATION:

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

22. WARRANTY:

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

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, RDH Building Science Inc. (RDH)
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

SPECIAL CONDITIONS

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

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11. HOLD HARMLESS: a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all third-party loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), to the extent caused by Contractor’s negligent performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8). 13. SAFETY: a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, and Contractor and its employees shall comply with City's safety program and any safety programs of City's contractor. Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report. c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City 334
employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section. 17. CONFLICTING PROVISIONS: In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto other than the General Conditions and the Special Conditions as set forth in Exhibit E, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto other than the General Conditions and the Special Conditions as set forth in Exhibit E, those prepared by City shall prevail over those prepared by the Contractor. 20. CLAIMS: Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The time to bring claims arising from this Agreement shall be as provided in applicable law. 335
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EXHIBIT F

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

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

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

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

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

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

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

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

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

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

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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