Agenda — Richmond City Council, April 21, 2026 (part 2 of 4)

April 21, 2026

City Council

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Claudia Jimenez (sponsor)
Councilmember Sue Wilson (co-sponsor)

Subject:

Letter to Governor Gavin Newsom to Stop the Illicit
Importation of Illegal Fireworks from Nevada
FINANCIAL IMPACT: There is no financial impact on receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

For many days leading up to the 4th of July and other
holidays, Richmond residents are being treated to a
cacophony of booms, bangs and amateur dangerous
illegal aerial fireworks displays. Those fireworks
traumatize people and pets, cause injuries and create fire hazards.

Local fire and law enforcement agencies are kept busy
responding nightly to residents’ complaints about these illegal aerial displays and celebratory explosives.

Fireworks are illegal in California and many Nevada
jurisdictions with a few exceptions. Little or nothing is done to stop the interdiction of these illegal, dangerous items into California local jurisdictions, who have become the first and only line of defense” against illegal fireworks

AGENDA
REPORT
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April 21, 2026
RECOMMENDED ACTION:

ADOPT a resolution to DIRECT the city clerk to send a
letter to California State Governor Gavin Newsom in
support of developing a task force to explore an interstate compact between California and Nevada to stop the illicit importation of illegal fireworks from Nevada into
California via a shared database of recorded sales -
Councilmembers Claudia Jimenez (510-620-6565) and
Sue Wilson (510-609-2111).

DISCUSSION:

For days leading up to the last 4th of July and other holidays, Californians experienced an unprecedented surge in illegal aerial fireworks displays. Local fire and law enforcement agencies were overwhelmed, responding to nightly complaints about intense and prolonged illegal displays, particularly in communities where fireworks are prohibited.

The ongoing issue of illegal fireworks entering California from Nevada, particularly from stores in Southern Nevada, poses a significant threat to public safety and has led to severe incidents, including explosions and injuries as well severe and substantial strain on state and local budgets. Most informed estimates suggest that these thirteen stores account for at least 65 to 75 percent of the illegal fireworks used in California.

These stores, notably Area 51 Fireworks, were implicated in major incidents in Ontario and Los Angeles in 2021. The California Department of Justice and the State Fire Marshal acknowledge the need for a proactive strategy beyond local enforcement.

It is the universal general policy of most, if not all, of these stores to:

 Require the purchaser to show their driver’s license which the store scans and downloads.
 Require the purchaser to buy a “Shooter’s Permit” and say they are going to take these fireworks to a place out in the middle of nowhere to use them, or sign a form that states they will not use these fireworks in the town where they were purchased and will only take them somewhere where their possession and use are legal.  Require the purchaser to state that they are buying these fireworks for personal use only.

ALTERNATIVES:

1. Strengthen collaboration between California and Nevada fire and law enforcement agencies
150

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April 21, 2026

2. Increase penalties for individuals and stores involved in facilitating this illegal fireworks trade

3. Implement stricter regulations on the sale and transportation of fireworks across state lines

4. Explore an Interstate Compact or Agreement between California and Nevada to address the illegal fireworks supply chain issue

RECOMMENDATIONS:

RECOMMENDATION #1:
 Enhance Cooperation and Information Sharing
 Establish a task force comprising fire and law enforcement agencies from California and Nevada to collaboratively address the issue.
 Improve communication channels for timely sharing of information on potential illegal activities

IMPACTS:
 Fiscal: Requires funding for the task force and enhanced surveillance  Operational: Streamlines coordination and improves efficiency  Legal: May necessitate amendments to interagency agreements  Labor: Increased workload for fire and law enforcement personnel  Sociopolitical: Demonstrates a commitment to public safety  Policy: May require changes to existing cross-border enforcement policies  Health and safety: Improves safety measures through proactive intervention  Environmental: Addresses potential environmental hazards associated with illegal fireworks

RECOMMENDATION #2:
 Amend Legislation to Increase Penalties
 Propose legislative amendments to enhance penalties for individuals and businesses involved in the illegal sale, transportation, or use of fireworks, with a focus on those crossing state lines

IMPACTS:
 Fiscal: Requires budget allocation for legal review and legislative processes  Operational: May lead to increased legal proceedings
 Legal: Requires thorough review of existing legislation  Labor: Potential increase in legal proceedings
 Sociopolitical: Demonstrates legislative commitment to public safety  Policy: May lead to revisions in existing laws
 Health and safety: Acts as a deterrent through stricter penalties  Environmental: May contribute to reducing environmental risks associated with illegal fireworks

RECOMMENDATION #3:
 Explore an Interstate Compact
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April 21, 2026
o Initiate discussions between California and Nevada officials to explore an Interstate Compact or an Interstate Agreement between California and Nevada requiring all brick and mortar Nevada fireworks retail store locations to contemporaneously download their records, into a secure website controlled by the State of Nevada, of all sales made to and the items purchase by any individual presenting a valid state ID with a resident address location where the products purchased are not allowed to be possessed or used. o The compact or agreement between the two states would make the State of Nevada’ website accessible to any fire and/or law enforcement agency in the State of Nevada or California and ATF and US DOT.

IMPACTS:
 Fiscal: May require initial funding for the development of the secure website  Operational: Enhances monitoring and control of out-of-state fireworks sales  Legal: Requires legal review for compact creation
 Sociopolitical: Demonstrates a commitment to regional cooperation  Policy: Establishes a new framework for addressing cross-border issues  Health and safety: Proactively addresses the supply chain, reducing illegal fireworks in California
 Environmental: Contributes to reducing environmental risks associated with illegal fireworks

If adopted, the resolution expresses support for the California State Governor Gavin Newsom in developing a task force to explore an interstate compact between California and Nevada to stop the illicit importation of illegal fireworks from Nevada into California via a shared database of recorded sales.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Draft letter to CA Governor Gavin Newsom to Stop Illegal Fireworks Attachment 3 –Illegal Fireworks Whitepaper
152

Reso. No. _____

Page 1 of 2 ends

RESOLUTION NO. ______

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

REQUEST GOVERNOR NEWSOM DEVELOP A TASK FORCE TO EXPLORE AN

INTERSTATE COMPACT BETWEEN CALIFORNIA AND NEVADA TO STOP THE ILLICIT

IMPORTATION OF ILLEGAL FIREWORKS FROM NEVADA INTO CALIFORINA WHEREAS, for many days leading up to the 4 th of July and other holidays, Richmond residents are being treated to a cacophony of deafening noises, booms, bangs and amateur illegal aerial fireworks displays; and
WHEREAS, those fireworks traumatize people and pets, cause injuries and create fire hazards ; and
WHEREAS, local fire and law enforcement agencies are kept busy responding nightly to residents’ complaints about these illegal aerial displays and celebratory explosives; and WHEREAS, these amateur fireworks are illegal in California and in most Nevada jurisdictions with a few exceptions; and
WHEREAS, little or nothing is done to stop the interdiction of these illegal, dangerous items into California’s local jurisdictions, which have become the first and only line of defense against illegal fireworks; and
WHEREAS, for the better part of the last two decades, there has been no border integrity or inspections for illegal fireworks, resulting in many individual criminal entrepreneurs as w ell as large commercial operations smuggling these dangerous, illegal fireworks into the state without fear of being caught or suffering any criminal consequences; and WHEREAS, there are six fireworks stores in Southern Nevada in the city of Pahrump and seven stores immediately northeast of Reno selling the full range of federally-approved fireworks that are illegal in California; and
WHEREAS, estimates suggest that these thirte en stores account for at least 65 to 75 percent of the illegal fireworks used in California; and
WHEREAS, by focusing on the out-of-state sources of these illegal fireworks, state officials can work to disrupt the supply chain of illegal fireworks and prev ent them from ever reaching California communities in the first place; and
WHEREAS, the California State Fire Marshal’s advisory body General Fireworks Advisory Committee” (GFAC) unanimously adopted a resolution to recommend that State Fire Marshal seek Governor Gavin Newsom’s authorization to initiate discussions to explore an Interstate Compact or an Interstate Agreement between California and Nevada.

NOW, THEREFORE, BE IT RESOLVED , that the City of Richmond will join other jurisdictions to ask California Governor Gavin Newsom to establish a joint task force comprised of fire and law enforcement agencies from California and Nevada to collaboratively address the issue of illegal fireworks, as well as to negotiate an interstate compact with Nevada to better control the flow of illegal fireworks into California via a shared database of recorded sales.

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

***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:
153

Reso. No. _____

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NOES:

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
154

The Honorable Gavin Newsom
Governor of California
1021 O Street, Suite 9000
Sacramento, CA 95814

Dear Governor Newsom,

As Mayor, and the undersigned Councilmembers, on behalf of the City Council of Richmond, we write to join with other municipalities across the state in urging you to authorize the State Fire Marshal and California Attorney General to immediately begin formal discussions with the State of Nevada to address the illegal fireworks crisis. With July 4
th fast approaching, this matter requires
urgent, coordinated, and sustained action.

We were especially encouraged by your statement last year reaffirming California’s “zero tolerance” policy toward illegal fireworks. You rightly noted that over 600,000 pounds of illegal fireworks had already been seized last year — a staggering figure that dwarfs previous annual totals. But as our local enforcement professionals know too well, those seizures only scratch the surface of a much larger trafficking operation.

The reality is this: for too long, California communities have been left to fight an interstate public safety crisis with only local tools. Despite municipal ordinances, cities like Richmond are overwhelmed each summer and increasingly year round by the volume and impact of illegal fireworks — many of which have been traced to commercial retailers in Pahrump and northwest Nevada, who knowingly sell to California residents who in turn bring those illegal fireworks into California in direct violation of our state’s laws.

We are working to strengthen local efforts, and we need your help. The Richmond City Council strongly supports establishing a joint task force comprised of fire and law enforcement agencies from California and Nevada to collaboratively address the issue of illegal fireworks, as well as to negotiate an interstate compact with Nevada to better control the flow of illegal fireworks into California.

This proposal is grounded in data, has been publicly endorsed by the Fireworks Advisory Committee to the State Fire Marshal, and aligns precisely with your public commitment to fire prevention and public safety. 155

We believe it offers the most practical and scalable way to disrupt illegal supply chains before they reach our neighborhoods — not merely react to the damage after it occurs.

We are proud to stand with cities like Sacramento, Rancho Cordova, Roseville, Grand Terrace, Citrus Heights, Suisun City, and many others which have all sent letters urging this action.

We urge you to authorize the State Fire Marshal and California Attorney General to take immediate steps to form the proposed Joint Illegal Fireworks Task Force and initiate formal negotiations with Nevada for an interstate compact to finally rein in this problem at its source.

We stand ready to assist in any way necessary to move this process forward.

Thank you for your continued leadership and your unwavering commitment to the safety and well-being of all Californians.

156

ILLEGAL FIREWORKS WHITE PAPER

ISSUE: Illicit Importation of Illegal Fireworks from Nevada to California

BACKGROUND:

Most informed estimates suggest that these thirteen stores account for at least 65 to 75 percent of the illegal fireworks used in California.

DISCUSSION:

Despite efforts to enhance enforcement strategies for illegal fireworks, the influx from Nevada continues. Thirteen stores in Southern Nevada, including six in Pahrump and seven northeast of Reno, sell federally-approved fireworks that are illegal in California. These stores, notably Area 51 Fireworks, were implicated in major incidents in Ontario and Los Angeles in 2021. The California Department of Justice and the State Fire Marshal acknowledge the need for a proactive strategy beyond local enforcement.

It is the universal general policy of most, if not all, of these stores to:
• Require the purchaser to show their driver’s license which the store scans and downloads. • Require the purchaser to buy a “Shooter’s Permit” and say they are going to take these fireworks to a place out in the middle of nowhere to use them, or sign a form that states they will not use these fireworks in the town where they were purchased and will only take them somewhere where their possession and use are legal…. and • Require the purchaser to state that they are buying these fireworks for personal use only.

ALTERNATIVES:

1. Strengthen collaboration between California and Nevada fire and law enforcement agencies. 157

2. Increase penalties for individuals and stores involved in facilitating this illegal fireworks trade.

3. Implement stricter regulations on the sale and transportation of fireworks across state lines.

4. Explore an Interstate Compact or Agreement between California and Nevada to address the illegal fireworks supply chain issue.

RECOMMENDATIONS:

RECOMMENDATION #1:

Enhance Cooperation and Information Sharing
Establish a task force comprising fire and law enforcement agencies from California and Nevada to collaboratively address the issue. Improve communication channels for timely sharing of information on potential illegal activities.

IMPACTS:
- Fiscal: Requires funding for the task force and enhanced surveillance. - Operational: Streamlines coordination and improves efficiency. - Legal: May necessitate amendments to interagency agreements. - Labor: Increased workload for fire and law enforcement personnel. - Sociopolitical: Demonstrates a commitment to public safety. - Policy: May require changes to existing cross-border enforcement policies. - Health and safety: Improves safety measures through proactive intervention. - Environmental: Addresses potential environmental hazards associated with illegal fireworks.

RECOMMENDATION #2:

Amend Legislation to Increase Penalties
Propose legislative amendments to enhance penalties for individuals and businesses involved in the illegal sale, transportation, or use of fireworks, with a focus on those crossing state lines.

158
IMPACTS:
- Fiscal: Requires budget allocation for legal review and legislative processes. - Operational: May lead to increased legal proceedings. - Legal: Requires thorough review of existing legislation. - Labor: Potential increase in legal proceedings.
- Sociopolitical: Demonstrates legislative commitment to public safety. - Policy: May lead to revisions in existing laws.
- Health and safety: Acts as a deterrent through stricter penalties. - Environmental: May contribute to reducing environmental risks associated with illegal fireworks.

RECOMMENDATION #3:

Explore an Interstate Compact
Initiate discussions between California and Nevada officials to explore an Interstate Compact or an Interstate Agreement between California and Nevada requiring all brick and mortar Nevada fireworks retail store locations to contemporaneously download their records, into a secure website controlled by the State of Nevada, of all sales made to and the items purchase by any individual presenting a valid state ID with a resident address location where the products purchased are not allowed to be possessed or used. The compact or agreement between the two states would make the State of Nevada’ website accessible to any fire and/or law enforcement agency in the State of Nevada or California and ATF and US DOT.

IMPACTS:
- Fiscal: May require initial funding for the development of the secure website. - Operational: Enhances monitoring and control of out-of-state fireworks sales. - Legal: Requires legal review for compact creation.
- Sociopolitical: Demonstrates a commitment to regional cooperation. - Policy: Establishes a new framework for addressing cross-border issues. - Health and safety: Proactively addresses the supply chain, reducing illegal fireworks in California.
159
- Environmental: Contributes to reducing environmental risks associated with illegal fireworks.

Attachments: Exhibit A – What Happens in Nevada – Should Stay in Nevada!! Exhibit B – Listing of Nevada Brick and Mortar Fireworks Stores Exhibit C – Pictures of Fireworks Stores in Pahrump, Nevada Exhibit D – Articles on Ontario Incident in 2021
Exhibit E – Articles on LAPD Bomb Containment Unit Disaster Exhibit F – Prosecutorial Records of Mr. Arturo Ceja
Exhibit G – Letter to the Chair and Members of the Nevada Senate Committee on Government Affairs dated 3/28/2021 from Douglas Burda, CEO of Red Apple Fireworks, Pahrump, Nevada

END OF REPORT

160

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April 21, 2026

City Council

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Vice Mayor Doria Robinson (Sponsor)
Councilmember Soheila Bana (Co-sponsor)
Mayor Eduardo Martinez (Co-sponsor)

Subject:

Support for 2026 Mother’s Day event at the Richmond
Memorial Auditorium
FINANCIAL IMPACT: The estimated cost for the Mother’s Day Celebration Community Event under permit #R3510 is $8,280.50.

The costs reflect the details provided in the submitted application. It follows the standard process for the
general public. Additional rates may apply if the kitchen is needed or if any rooms beyond the main floor are
required.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

United Business Organization, a local nonprofit volunteer led community organization, needs support from the City to secure the Richmond Memorial Auditorium to
accommodate their growing Mother’s Day Celebration.

Currently, the rental costs are cost prohibitive for this community event powered by volunteers to celebrate the
sacrifices and hard work of mothers in the City of
Richmond.

AGENDA
REPORT
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April 21, 2026
RECOMMENDED ACTION:

APPROVE the co-sponsorship of the May 9, 2026,
Mother's Day event, and AUTHORIZE the one-time use
and fee waiver of the Richmond Auditorium to support a
community-led Mother’s Day Event celebration organized
by the United Business Organization - Vice Mayor Doria
Robinson (510-620-6568), Councilmember Soheila Bana
(510-672-3490), and Mayor Eduardo Martinez (510-620-
6503).

DISCUSSION:

The United Business Organization (UBO), a local nonprofit organization, would like City support to secure the Richmond Auditorium to host their annual Mother’s Day event on May 9, 2026.

UBO has requested a fee waiver for rental of the auditorium. Without the fee waiver, the estimated rental fee to rent the auditorium would be $5,199.50 plus a deposit of $3,081 for a total estimated cost of $8,280.50 (Attachment 1). This amount is cost prohibitive for the organization.

The 2026 Mother’s Day Event is a volunteer-organized event that will welcome an anticipated 300 or more people on May 9, 2026, to celebrate the sacrifices and hard work Richmond mothers do through free entertainment, gifts, food and more.

This event creates an opportunity for diverse members of the Richmond community to use city buildings and resources to support the celebration of mothers and the role they play in creating a healthy Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Permit#R3510- cost estimate

162
163
164
# R3510 Status Tentative Page 3 of 4
(30) days prior to the first day of use of the Premises. Failure to make the payment(s) as required herein rescinds this Agreement. (c) Rental Fee Adjustments. If Renter is qualified under City adopted provisions for a fee adjustment, then the fee adjustment applied to this Facility Agreement is stated in the Permit and rental fees have been adjusted accordingly. If the line is blank, then no adjustment has been applied to Rental. (d) Payment Schedule. Balance of rental due and payable immediately.

6. Signs
Renter agrees that no signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Premises or on any building or structure located thereon without the prior written consent of the City which consent will not be withheld unreasonably. Renter agrees to remove promptly and to the satisfaction of the City, at the cost and expense of Renter, upon the expiration of the term or the earlier termination of this Rental Agreement, any and all signs and placards placed by it upon the Premises.

7. Indemnification
Renter shall indemnify and save City, its agents, officers and employees harmless from and against any and all liability, claims, suits, actions, damages, penalties and/or causes of action except with regard to the negligent acts or omissions of the City of Richmond arising during, or from, the term of this Rental Agreement out of any personal injury, bodily injury, loss of life or damage to the property, violation of any federal, state or municipal law or ordinance or other cause in connection with the use of the Premises by Renter, its employees and agents under this Rental Agreement of the Premises including all costs, counsel fees expenses incurred in obtaining expert testimony and the attendance of witnesses, expenses and liability incurred in and about such claim, the investigation thereof or the defense of any action or proceedings brought thereon and from against any orders, judgments, or decrees which may be entered therein. Approval of insurance coverage does not relieve Renter of liability under this Indemnification Clause

8. Insurance
(a) Worker’s Compensation. Renter, at its own cost, shall carry and maintain statutory Worker’s Compensation Insurance and Employers’ Liability Insurance for death or injury to employees to the extent required by law, with limits not less than one million dollars ($1,000,000.00) with an insurance carrier satisfactory to City at all times during the term of this Rental Agreement, or any extension thereof. Policy shall provide that no cancellation, major change in coverage or expiration shall become effective or occur until at least ten (10) days after receipt of such notice by City. In the event Renter is self-insured, it shall furnish Certificate of Permission to self-insure signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento, California. (b) Liability and Property Damage. Renter at its own cost shall maintain comprehensive liability and property damage insurance for the period of this Rental Agreement or any extension in the amount of one million dollars ($1,000,000.00) per occurrence combined single limit coverage. Such coverage shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property resulting from the use of the Premises contemplated under this Rental Agreement, use of owned and non-owned automobiles, products and completed operations. Such insurance shall be with insurers and under forms of polices satisfactory in all respects to City’s Counsel and shall provide that notice must be given to City at least thirty (30) days prior to cancellation or material change.

The following endorsements shall be attached to the policy: (1) Policy shall cover on an occurrence basis. (2) Policy must cover personal injuries as well as bodily injuries.

Exclusion of contractual liability must be eliminated from personal injury endorsement. (3) Policy must cover contractual liability by amending definition of “incidental contract” to include any written contract. (4) City of Richmond, its officers and employees shall be named as additional insured, and the policy shall stipulate that no other insurance affected by City will be called upon to contribute to a loss suffered by Renter hereunder. (5) Liability policy shall provide Bailee’s coverage on property in Renter’s care, custody, and control.

9. No Duty to Guard Goods
City shall have no liability for any loss or damage to the goods, property and equipment of Renter or third persons, in connection with or remaining upon the Premises irrespective of the source of such loss or damage.

10. Sub Rental Agreement and Assignment
Renter shall not voluntarily assign or encumber its interest in this Rental Agreement or in the Premises, or Sub Rental Agreement all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises without first obtaining City’s written consent.

11. Events of Default
If Renter defaults in the performance of any of the covenants, conditions, or agreements contained in this Rental Agreement, then Renter shall be deemed to have breached the Rental Agreement and City may rescind or terminate this Rental Agreement immediately by giving notice to the other party.

12. Inspection of Premises
The City may access the Premises at any and all reasonable times on and during the day of operation for the purpose of determining whether or not the Renter is complying with the conditions hereof or for any other purpose incidental to the rights of the City.

13. Nondiscrimination
Renter herein covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Rental Agreement is made and accepted upon subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, national origin, or in ancestry, in the renting, sub- renting, contracting, subcontracting, transferring, use, occupancy, tenure, or enjoyment of the Premises herein Rental Agreement and assigned; nor shall Renter itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of renters, lessees, sub lessees, sub renters, users or vendors in the Premises herein Rental Agreement and assigned.

14. Waiver - No delay or omission in the exercise of any right or remedy of City on any default by Renter shall impair such a right or remedy or be construed as a waiver.

15. Other - The City may impose Non-Refundable extra fees as follows: Application Processing Fee; Late Set-up/Changes Fee; and Rental Cancellation/Date Change Fee.

IN WITNESS WHEREOF, the parties have executed this Facility Use Agreement and Park Use Permit as of the date printed on the Permit. Renter and City hereby specifically agree to be bound by the provisions in the Facility Rental Agreement and Park User Permit. Renter further acknowledges by execution of this Agreement, that Renter has read and is familiar with and agrees to the provisions in the Facility Use Agreement and Park Use Permit.

Deposit

EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE R3510 - Mothers' Day Celebration Community
Event
CONV CTR Main Floor
Auditorium Deposit $3,081.00 $0.00 $0.00 $0.00 $3,081.00 165
166

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April 21, 2026

City Council

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Soheila Bana

Subject:

Support for Senate Bill 959 Regarding Local Fire Agency Authority and School Safety Measures During Wildfire
Emergencies
FINANCIAL IMPACT: No direct fiscal impact on the City of Richmond's General Fund. Passing this resolution is an act of legislative
advocacy. If SB 959 passes at the state level, it will have a positive financial protection impact on local public- school districts within our municipal boundaries.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Currently, California public schools are funded based on Average Daily Attendance (ADA). If a school district
closes a campus preemptively due to extreme weather or
a wildfire threat, it risks losing state funding.

Senate Bill 959 (SB 959) eliminates this financial barrier.

It allows a local fire agency to make a formal
determination that a major safety hazard is imminent,
shielding the school district from financial penalties if they must close or if attendance drops. This agenda item
proposes that the City of Richmond formally support SB
959.

AGENDA
REPORT
167

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April 21, 2026
RECOMMENDED ACTION:

ADOPT a resolution supporting California Senate Bill 959 to empower local fire agencies to determine major safety hazards and protect school funding during extreme
wildfire emergencies - Councilmember Soheila Bana
(510-672-3490).

DISCUSSION:

The City of Richmond and surrounding West Contra Costa County neighborhoods contain significant Wildland-Urban Interface (WUI) zones. During Red Flag Days (extreme heat, low humidity, and high winds), these hillsides are highly susceptible to fast-moving brush fires.

A critical safety obstacle during wildfire events is traffic congestion. As seen in past California fires, gridlocked roads prevent residents from escaping and first responders from entering. Traditional school drop-offs and pick-ups add massive amounts of vehicular traffic to the roadways. Recently, emergency officials—including those in the Los Angeles Fire Department (LAFD)—have highlighted that preemptively closing schools in high-risk fire zones on Red Flag Days is a vital tool to clear evacuation routes and save lives.

However, school administrators are currently caught in a dilemma: prioritize physical safety by closing school or prioritize the school’s budget by staying open to collect ADA funding. SB 959 resolves this by placing safety decisions in the hands of fire professionals without penalizing school budgets.

Furthermore, standardizing modern hardening metrics is critical. The Insurance Institute for Business & Home Standards (IBHS) "Wildfire Prepared Home" standards provide science-backed pathways for structural survival, emphasizing that both neighborhood planning and institutional facilities must adapt to survive embers and radiant heat.

Adopting this resolution to formally support SB 959, aligns local emergency preparedness with state-level funding mechanics.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – SB 959
168

Reso. No. _____

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND SUPPORTING SENATE BILL 959 TO EMPOWER LOCAL FIRE AGENCIES IN

DETERMINING MAJOR SAFETY HAZARDS AND PROTECTING SCHOOL

COMMUNITIES DURING WILDFIRE EMERGENCIES

WHEREAS, the State of California is experiencing increasingly severe, year -round wildfire seasons, placing severe ecological, physical, and safety strains on municipalities, school districts, and residents; and
WHEREAS, the Insurance Institute for Business & Home Safety (IBHS) has established rigorous, science-backed “Wildfire Prepared Home” standards, outlining that structural survival requires holistic community mitigation—including defensible space, ignition-resistant building materials, and fuel management; and
WHEREAS, a critical component of community wildfire resilience is reducing human traffic and vehicular load on local roadways during peak fire weather to ensure that evacuation routes remain open, fluid, and accessible for first responders and fleeing residents; and WHEREAS, fire officials, including leadership within the Los Angeles Fire Department (LAFD), have publicly recognized that preemptively closing schools situated in Very High Fire Hazard Severity Zones (VHFHSZ) during Red Flag Days is a proactive, life -saving measure to clear evacuation bottlenecks and keep children and families out of harm's way; and WHEREAS, under current California law, school districts, charter schools, and county offices of education rely heavily on state apportionments tied to Average Daily Attendance (ADA) metrics, creating a financial disincentive for school administrators to close campuses during imminent safety hazards; and
WHEREAS, Senate Bill 959, joint -authored by State Senators Timothy Grayson and Jesse Arreguín, would immedia tely alleviate this financial burden by allowing a local fire agency to make a formal determination of the imminence of a major safety hazard; and WHEREAS, SB 959 ensures that if a school must preemptively close or if attendance drops due to extreme wildfire metrics, the district’s state funding is protected, thereby allowing school boards to prioritize human life over budgetary penalization; and WHEREAS, the City of Richmond and its surrounding West Contra Costa communities contain significant Wildland-Urban Interface (WUI) zones and hillsides that are highly susceptible to fast- moving brush fires and extreme wind events.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, AS FOLLOWS:

1. Official Support: The City of Richmond officially supports SB 959 (Grayson/Arreguín) and urges the California State Legislature and the Governor to pass and sign this urgency legislation into law.

2. Distribution of Resolution: The City Clerk is hereby directed to transmit co pies of this resolution to Governor Gavin Newsom, Senator Timothy Grayson, Senator Jesse Arreguín, Assemblymember Buffy Wicks, the California Fire Chiefs Association, and the West Contra Costa Unified School District (WCCUSD) Board of Education.

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

***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:
169

Reso. No. _____

Page 2 of 2 ends

AYES: AYES:

NOES:

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
170
AMENDED IN SENATE MARCH 9, 2026
SENATE BILL No. 959
Introduced by Senator Grayson
(Coauthors: Senators Allen, Archuleta, Arreguín, Ashby, Blakespear, Cabaldon, Caballero, Cortese, Gonzalez, McNerney, Menjivar, Reyes, Wahab, and Weber Pierson)
(Coauthor: Assembly Member Wicks)
(Coauthors: Assembly Members Schultz and Wicks)
February 3, 2026
An act to amend Section 46392 of the Education Code, relating to education finance, and declaring the ur gency thereof, to tak e effect immediately.
legislative counsel’s digest
SB 959, as amended, Grayson. Average daily attendance:
emergencies: major safety hazard.

For purposes of state apportionments based on a verage daily attendance, as pro vided, if the a verage daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified emer gency, including, among others, the imminence of a major safety hazard as determined by a local la w enforcement agenc y, existing law requires the Superintendent of Public Instruction to estimate the a verage daily attendance in a manner that credits to the school district, county office of education, or charter school approximately the total a verage daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred.

98 171
This bill, for the above-described purposes, would additionally allow a local fire agency to make a determination of the imminence of a major safety hazard.

This bill w ould declare that it is to tak e effect immediately as an urgency statute.

Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 46392 of the Education Code is amended line 2 to read:
line 3 46392. (a)  If the average daily attendance of a school district, line 4 county office of education, or charter school during a fiscal year line 5 has been materially decreased during a fiscal year because of any line 6 of the following, the fact shall be established to the satisfaction of line 7 the Superintendent by affidavits of the members of the governing line 8 board or body of the school district, county office of education, or line 9 charter school and the county superintendent of schools:
line 10 (1)  Fire.
line 11 (2)  Flood.
line 12 (3)  Impassable roads.
line 13 (4)  Epidemic.
line 14 (5)  Earthquake.
line 15 (6)  The imminence of a major safety hazard as determined by line 16 the local law enforcement or fire agency.
line 17 (7)  A strike involving transportation services to pupils provided line 18 by a nonschool entity.
line 19 (8)  An order provided for in Section 41422.
line 20 (9)  Snowstorm.
line 21 (b)  (1)  In the e vent a state of emer gency is declared by the line 22 Governor in a county , a decrease in a verage daily attendance in line 23 the county below the approximate total average daily attendance line 24 that would have been credited to a school district, county office line 25 of education, or charter school had the state of emer gency not line 26 occurred shall be deemed material. The Superintendent shall line 27 determine the length of the period during which a verage daily line 28 attendance has been reduced by the state of emergency. line 29 (2)  The period determined by the Superintendent shall not extend line 30 into the next fiscal year follo wing the declaration of the state of 98 — 2 — SB 959

172
line 1 emergency by the Governor, except upon a showing by a school line 2 district, county office of education, or charter school, to the line 3 satisfaction of the Superintendent, that e xtending the period into line 4 the next fiscal year is essential to alle viate continued reductions line 5 in average daily attendance attributable to the state of emergency. line 6 (3)  Notwithstanding an y other la w, the Superintendent shall line 7 extend through the 2018–19 fiscal year the period during which it line 8 is essential to alle viate continued reductions in a verage daily line 9 attendance attributable to a state of emer gency declared by the line 10 Governor in October 2017, for a school district where no less than line 11 5 percent of the residences within the school district or school line 12 district facilities were destroyed by the qualifying emergency. line 13 (c)  (1)  The a verage daily attendance of the school district, line 14 county office of education, or charter school for the fiscal year line 15 shall be estimated by the Superintendent in a manner that credits line 16 to the school district, county office of education, or charter school line 17 for determining the apportionments to be made to the school line 18 district, county office of education, or charter school from the State line 19 School Fund approximately the total average daily attendance that line 20 would have been credited to the school district, county office of line 21 education, or charter school had the emer gency not occurred or line 22 had the order not been issued.
line 23 (2)  (A)  From September 1, 2021, to June 30, 2022, inclusi ve, line 24 with the exception of a material loss of attendance for pupils who line 25 are individuals with exceptional needs, as that term is defined in line 26 Section 56026, whose individualized education program developed line 27 pursuant to Article 3 (commencing with Section 56340) of Chapter line 28 4 of P art 30 does not specifically pro vide for participation in line 29 independent study or pupils who are enrolled in community day line 30 schools pursuant to Article 3 (commencing with Section 48660) line 31 of Chapter 4 of P art 27, a school district, county office of line 32 education, or charter school shall not recei ve a verage daily line 33 attendance credit pursuant to this section for pupils that have been line 34 quarantined and are unable to attend in-person instruction due to line 35 exposure to, or infection with, COVID-19 pursuant to local or state line 36 public health guidance.
line 37 (B)  Notwithstanding subparagraph (A), from September 1, 2021, line 38 to June 30, 2022, inclusi ve, a school district, county office of line 39 education, or charter school may receive average daily attendance line 40 credit pursuant to this section for school closures related to impacts 98 SB 959 — 3 —

173
line 1 from COVID-19 or material loss of attendance due to COVID-19 line 2 related staffing shortages if the following conditions are established line 3 to the satisf action of the Superintendent by affida vits of the line 4 members of the go verning board or body of the school district, line 5 county office of education, or charter school and the county line 6 superintendent of schools:
line 7 (i)  The school district, county office of education, or charter line 8 school is unable to provide in person instruction to pupils due to line 9 staffing shortages as a result of staf f quarantine due to e xposure line 10 to, or infection with, COVID-19 pursuant to local or state public line 11 health guidance.
line 12 (ii)  For certificated staff shortages, the school district, county line 13 office of education, or charter school has exhausted all options for line 14 obtaining staff coverage, including using all certificated staff and line 15 substitute teacher options, and has consulted with their county line 16 office of education and the Superintendent in determining that line 17 staffing needs cannot be met through any option. line 18 (iii)  For classified staf f shortages, the school district, county line 19 office of education, or charter school has exhausted all options for line 20 obtaining staff coverage, including using all staff options, and has line 21 consulted with their county office of education and the line 22 Superintendent in determining that staffing needs cannot be met line 23 through any option.
line 24 (d)  Notwithstanding any other law, for a school district or charter line 25 school physically located within a school district, where no less line 26 than 5 percent of the residences within the school district, or the line 27 school district’s facilities, were destroyed as a result of a state of line 28 emergency that was declared by the Governor in November 2018, line 29 all of the following shall apply:
line 30 (1)  (A)  In the 2020–21 fiscal year , for school districts, the line 31 Superintendent shall calculate the dif ference between the school line 32 district’s certified second principal apportionment local control line 33 funding formula entitlement pursuant to Section 42238.02 in the line 34 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a line 35 difference, allocate the amount of that dif ference to the school line 36 district.
line 37 (B)  In the 2021–22 fiscal year , for school districts, the line 38 Superintendent shall allocate an amount equal to 25 percent of the line 39 difference calculated in subparagraph (A) to the school district. 98 — 4 — SB 959

174
line 1 (C)  In the 2022–23 fiscal year , for school districts, the line 2 Superintendent shall allocate an amount equal to 12.5 percent of line 3 the difference calculated in subparagraph (A) to the school district. line 4 (2)  (A)  In the 2019–20 and 2020–21 fiscal years, for charter line 5 schools, the Superintendent shall calculate the difference between line 6 the charter school’s certified second principal apportionment local line 7 control funding formula entitlement pursuant to 42238.02 in the line 8 current year and each respecti ve prior year and, if there is a line 9 difference, allocate the amount of that dif ference to the charter line 10 school.
line 11 (B)  In the 2021–22 fiscal year, for charter schools that operate line 12 a minimum of 175 school days and report at least 75 percent of line 13 the total second period average daily attendance for the 2019–20 line 14 fiscal year, as described in Section 41601, the Superintendent shall line 15 allocate 25 percent of the dif ference calculated in subparagraph line 16 (A) to the charter school.
line 17 (3)  For a county office of education funded pursuant to line 18 paragraph (1) of subdi vision (g) of Section 2575 that has within line 19 the boundaries of the county school districts or charter schools line 20 affected pursuant to this subdi vision and that has in the schools line 21 operated by the county office of education at least a 10-percent line 22 decrease in average daily attendance in the current fiscal year, in line 23 the 2019–20 and 2020–21 fiscal years, the Superintendent shall line 24 calculate the difference between the county office of education’s line 25 alternative education grant entitlement certified at the annual line 26 principal apportionment pursuant to Section 2574 in the current line 27 fiscal year and each respecti ve prior fiscal year and, if there is a line 28 difference, allocate the amount of that dif ference to the county line 29 office of education.
line 30 (4)  A school district may transfer funds recei ved pursuant to line 31 paragraph (1) to the county office of education for the portion of line 32 the funds that represents pupils serv ed by the county office of line 33 education who are funded through the school district’s local control line 34 funding formula apportionment pursuant to Section 2576. line 35 (5)  In each fiscal year , the allocations made pursuant to this line 36 subdivision shall be made to school districts and charter schools line 37 by the Superintendent as soon as practicable after the second line 38 principal apportionment and to county offices of education as soon line 39 as practicable after the annual principal apportionment. The line 40 allocations made shall be final. The Superintendent may provide 98 SB 959 — 5 —

175
line 1 a preliminary allocation of up to 50 percent no sooner than the line 2 first principal apportionment.
line 3 (6)  (A)  The amounts described in this subdi vision shall be line 4 continuously appropriated from the General Fund to the line 5 Superintendent for these purposes.
line 6 (B)  For purposes of making the computations required by line 7 Section 8 of Article XVI of the California Constitution, the line 8 appropriation made by this subdi vision shall be deemed to be line 9 “General Fund re venues appropriated for school districts, ” as line 10 defined in subdivision (c) of Section 41202, for the fiscal year in line 11 which the y are appropriated, and included within the “total line 12 allocations to school districts and community college districts from line 13 General Fund proceeds of tax es appropriated pursuant to Article line 14 XIII B,” as defined in subdivision (e) of Section 41202. line 15 (e)  Notwithstanding any other law, for a school district or charter line 16 school physically located within a school district, where no less line 17 than 5 percent of the residences within the school district, or the line 18 school district’s facilities, were destroyed as a result of a state of line 19 emergency that was declared by the Governor in September 2020, line 20 all of the following shall apply:
line 21 (1)  For the 2021–22 fiscal year , for school districts, the line 22 Superintendent shall calculate the dif ference between the school line 23 district’s certified annual principal apportionment local control line 24 funding formula re venues pursuant to Section 42238.02 in the line 25 2021–22 fiscal year and the 2019–20 fiscal year , including local line 26 revenue, pursuant to subdivision (j) of Section 42238.02, and any line 27 additional funds recei ved pursuant to subdi vision (e) of Section line 28 42238.03 in excess of the entitlement calculated pursuant to Section line 29 42238.02 and 42238.03 and, if there is a dif ference, allocate the line 30 amount of that difference to the school district. line 31 (2)  For the 2021–22 fiscal year, for charter schools that operate line 32 a minimum of 175 school days and report at least 75 percent of line 33 the total second period average daily attendance for the 2019–20 line 34 fiscal year, as described in Section 41601, the Superintendent shall line 35 calculate the dif ference between the charter school’ s certified line 36 second principal apportionment local control funding formula line 37 revenues pursuant to Section 42238.02 in the 2021–22 fiscal year line 38 and the 2019–20 fiscal year, and, if there is a difference, allocate line 39 the amount of that difference to the charter school. 98 — 6 — SB 959

176
line 1 (3)  School districts and charter schools shall notify the line 2 Superintendent of their eligibility pursuant to this subdivision by line 3 November 1, 2021, in the manner prescribed by the Superintendent. line 4 (4)  Preliminary allocations made pursuant to paragraph (1) shall line 5 be made to school districts by the Superintendent through the line 6 principal apportionment be ginning with the 2021–22 fiscal year line 7 first principal apportionment certification and shall be made final line 8 as of the annual principal apportionment.
line 9 (5)  Allocations made pursuant to paragraph (2) shall be made line 10 to charter schools by the Superintendent as soon as practicable line 11 after the second principal apportionment and shall be made final line 12 as of the annual principal apportionment. The Superintendent may line 13 provide a preliminary allocation of up to 50 percent no sooner than line 14 the first principal apportionment.
line 15 (f)  Notwithstanding any other law, for a school district where line 16 a school eligible for funding pursuant to Article 4 (commencing line 17 with Section 42280) of Chapter 7 of P art 24 of Di vision 3 w as line 18 destroyed as a result of a state of emergency that was declared by line 19 the Governor in August 2021, the following shall apply:
line 20 (1)  The school district may continue to report the amount of line 21 attendance generated by pupils enrolled in another school of the line 22 school district that w ould have otherwise attended the destro yed line 23 school, and the number of full-time teachers emplo yed by the line 24 school district that w ould have otherwise pro vided instructional line 25 services at the school, as if the school were operational in the line 26 2021–22, 2022–23, and 2023–24 fiscal years.
line 27 (2)  The school shall be considered a necessary small school for line 28 the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal line 29 years.
line 30 (g)  (1)  Notwithstanding any other law, paragraphs (2) and (3) line 31 shall apply for the follo wing charter schools identified in line 32 subparagraph (A), (B), or (C) that were damaged, destro yed, or line 33 directly impacted, as a result of a state of emer gency that w as line 34 declared by the Governor in January 2025:
line 35 (A)  Marquez Charter , P alisades Charter Elementary , and line 36 Palisades Charter High within the Los Angeles Unified School line 37 District.
line 38 (B)  Aveson Global Leadership Academy, Aveson School of line 39 Leaders, Odyssey Charter, OCS - South, and P asadena Rosebud line 40 Academy in the Pasadena Unified School District. 98 SB 959 — 7 —

177
line 1 (C)  Alma Fuerte Public in the City of Pasadena. line 2 (2)  For the 2025–26 fiscal year , for charter schools identified line 3 in paragraph (1) that operate a minimum of 175 school days, as line 4 described in Section 41601, the Superintendent shall calculate the line 5 difference between the charter school’ s certified local control line 6 funding formula entitlement pursuant to Section 42238.02 as of line 7 the annual principal apportionment in the 2025–26 fiscal year and line 8 the first principal apportionment in the 2024–25 fiscal year , and, line 9 if there is a dif ference, allocate the amount of that dif ference to line 10 the charter school.
line 11 (3)  Allocations made pursuant to paragraph (2) shall be made line 12 final as of the annual principal apportionment. The Superintendent line 13 may pro vide a preliminary allocation no sooner than the first line 14 principal apportionment.
line 15 (h)  This section applies to an y average daily attendance that line 16 occurs during any part of a school year.
line 17 SEC. 2. This act is an ur gency statute necessary for the line 18 immediate preservation of the public peace, health, or safety within line 19 the meaning of Article IV of the California Constitution and shall line 20 go into immediate effect. The facts constituting the necessity are:
line 21 Due to the eminent danger of wildfires throughout the state and line 22 the need to address the safety of pupils on campuses in high line 23 wildfire danger areas, it is necessary for this act to tak e effect line 24 immediately.

O
98 — 8 — SB 959

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April 21, 2026

City Manager’s Office
Community Development
City Attorney’s Office

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Lina Velasco, Director of Community Development
Avery Stark, Planning Manager
Shannon Moore, Interim City Attorney
Subject:

Potential Moratorium on Data Centers
FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action, as there are currently no pending applications or approved proposals for data center development within
the City. Any future fiscal impacts would depend on the timing, scale, and regulatory framework of potential
projects, which remain uncertain at this time.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Data centers are becoming a more prominent land use in
cities, driven by growing demand for digital infrastructure.

While they can contribute to economic activity and tax
revenue, they also require substantial electricity, water, and land resources. Their expansion raises concerns
about energy capacity, environmental and health
impacts, noise, and compatibility with existing community priorities. A temporary moratorium would allow the City time to evaluate these impacts, engage stakeholders,
and establish appropriate policies and/or development
standards to guide future development.

RECOMMENDED ACTION:

DIRECT the city manager and city attorney to work with
Planning staff to develop and bring forward a proposed
moratorium on data centers – City Manager’s Office/
Community Development Department/City Attorney’s
AGENDA
REPORT
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April 21, 2026
Office (Shasa Curl 510-620-6512/Lina Velasco 510-620-
6841/Shannon Moore 510-620-6509).

DISCUSSION:

Data centers are emerging as a more prominent land use in cities nationwide, driven by increasing demand for digital infrastructure to support cloud computing, artificial intelligence, and data storage. While these facilities can generate economic benefits, including construction activity, limited employment opportunities, and potential tax revenue, they also present unique land use considerations. Unlike traditional commercial or industrial uses, data centers operate with high infrastructure demands and relatively low on-site employment, raising questions about their long-term value relative to other potential land uses.

A primary concern associated with data center development is the significant demand for electricity, water, and land resources. Data centers require substantial and continuous power supply to operate servers and cooling systems, which may strain existing energy infrastructure and conflict with local and regional climate goals. Water usage for cooling, particularly in areas facing drought conditions, further complicates sustainability considerations. Additionally, these facilities often require large building footprints, which can limit opportunities for more community-serving or employment- generating uses.

Beyond resource consumption, data centers may also create compatibility challenges with surrounding land uses. Potential impacts include noise from mechanical equipment, visual scale and design concerns, and limited activation of the public realm.

These factors can affect nearby residential neighborhoods and may not align with broader community priorities for equitable development, economic vitality, and environmental stewardship. As such, careful planning and policy guidance are necessary to ensure that any future data center development is consistent with the City’s goals and standards.

Given the evolving nature of this industry and the uncertainty in balancing its potential benefits with long-term costs, a temporary moratorium may be a prudent step. A moratorium would provide the City with time to conduct a comprehensive evaluation of impacts, review best practices from other jurisdictions, and engage stakeholders, including residents, utility providers, and industry representatives. This process would enable the City to develop clear policies and regulations to guide future data center proposals in a manner that aligns with community priorities and resource constraints.

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April 21, 2026
SYNERGISTIC POLICIES:

The contemplated moratorium would give City staff time to align with the goals specified in the City’s Energy and Climate Change Element, given that these uses are known to be highly energy-intensive, and to evaluate their potential impact on local energy demand and emissions. In addition, given concerns about noise, environmental impacts, and compatibility with surrounding uses, evaluating data centers through a public health lens is consistent with the City’s commitment to integrating health considerations into planning decisions. A temporary moratorium would provide time to assess potential impacts on nearby residents and ensure that future policies prioritize health equity and environmental justice.

CONCLUSION:

In consideration of these factors, initiating an evaluation of a potential data center moratorium is a prudent and proactive approach to land-use planning and Health in All Policies. This action would allow the City to thoughtfully assess the full range of economic, health, environmental, and community impacts associated with this emerging use, while ensuring consistency with adopted General Plan policies and community priorities. By taking this step, the City can position itself to make informed, balanced decisions that safeguard critical resources, protect neighborhood compatibility, and support long-term sustainability and equitable development goals.

ATTACHMENTS:

None.
181

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(April 21, 2026)

Library and Community Services

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager
Ranjana Maharaj, Deputy Director of Community
Services-Recreation
Troy Porter, Recreation Supervisor

Subject:

Contract with West Contra Costa Public Education Fund
for Free Youth Achieve Summer Camp Program,
FINANCIAL IMPACT: The total contract amount is $600,000 over a three-year period at $200,000 a year. The contract payment will be funded by the Richmond Kids First Initiative grant to
Community Services – Recreation (Account String:
10651051-400201-40F01).

PREVIOUS COUNCIL
ACTION:

July 27, 2021
June 28, 2022
December 3, 2024

STATEMENT OF THE
ISSUE:

Community Services-Recreation is requesting approval
of a three-year contract with West Contra Costa Public
Education Fund (“Ed Fund”)to provide free programs to
youth through an 8-Week Summer Camp Achieve
Program.

RECOMMENDED ACTION:

APPROVE a contract with West Contra Costa Public
Education Fund to offer the Achieve Summer Camp
Program, providing free programs to youth through an 8- week summer camp in partnership with Community
Services–Recreation, for the term of January 1, 2025,
through December 31, 2027, in an amount not to exceed
$600,000 – Community Services Department (Troy
Porter/Ranjana Maharaj/LaShonda White 510-620-6793).

AGENDA
REPORT
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(April 21, 2026)

DISCUSSION:

On July 27, 2021, the City Council approved a resolution from the Richmond Fund for Children and Youth (RFCY) Oversight Board to award 20 RFCY grants to youth-serving public and nonprofit organizations in a total amount of $1,620,000. On October 6, 2024, Community Services-Recreation, a youth-serving agency, applied for the RFCY funding in partnership with West Contra Costa Public Education Fund (“Ed Fund”), and was awarded a total grant amount of $900,000 on December 11, 2025. Out of this amount, Ed Fund will be receiving $200,000 per year for their services.

Ed Fund has been partnering with Community Services-Recreation and the West Contra Costa Unified School District (“WCCUSD”) since 2014 to provide free summer programs to elementary school children at four community centers: Booker T Anderson Community Center, Nevin Community Center, Parchester Community Center and Shields Reid Community Center. These camps are designed for students in the WCCUSD and local charter schools to help overcome summer learning loss.

Many of the students served by the program are more than two years below grade level in language and literacy. The program supports students in improving these skills over the summer months, with pre- and post-assessments conducted over the past 10+ years consistently demonstrating gains in language development among participants. In recognition of its academic and social-emotional learning outcomes, Camp Achieve received the 2019 Helen Putnam Award for Excellence in the Community Services and Economic Development category from the League of California Cities, one of the organization’s highest honors.

The General Fund allocation for the Achieve Summer Camp program has historically limited service to elementary school children; however, with the support of the Ed Fund, Recreation has expanded the program to include 6th, 7th, and 8th graders, increasing enrollment across all sites. The program will provide access to free, high- quality summer camps over an eight-week period, delivering proven academic interventions and enrichment programming to approximately 300 Richmond youth at four community centers.

City staff recommend that the City Council approve a contract with Ed Fund to offer the Achieve Summer Camp Program, providing free programs to youth through an 8-week summer camp in partnership with Community Services–Recreation, for the term of January 1, 2025, through December 31, 2027, in an amount not to exceed $600,000.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract with West Contra Costa Public Education Fund (Ed Fund)
Attachment 2 – RFCY Grant Service Agreement
Attachment 3 – Resolution
183

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.

Community Services-Recreation
Troy Porter
[email protected]
(510) 620-6641
359
The Edfund and Community Service-Recreation will provide a free, award winning, educational summer camp to more than 300 Richmond youth at Nevin, Shields Reid, Parchester and BTA West Contra Costa Public Education Fund
1400 Marina Way S.

Richmond, CA 94804
Robert Bunce
(510) 296-5814
[email protected]
4005-1997
January 1, 2025
December 31, 2027
600,000.00
24/25
200,000.00
25/26
200,000.00
26/27
200,000.00
184

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

West Contra Costa Public Education Fund
185
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]:

West Contra Costa Public Education Fund
Ed Fund will fulfill the following responsibilities:
· Coordinate certificated WCCUSD teachers to develop and administer curriculum for academic activities at Camp Achieve.
· Coordinate Richmond non-profits to provide push-in specialty enrichment services at Camp Achieve.
· Provide program consultancy for Camp Achieve.
· Develop, administer, collect, and analyze evaluations, surveys, and other Camp Achieve data and provide the same to City of Richmond.

JOINT RESPONSIBILITIES
· Exchange student and program data as necessary for Camp Achieve enrollment and program data analysis.
· Participate in marketing and engagement efforts to enroll students at Camp Achieve. · Meet at a minimum on a monthly basis to align, coordinate, and review services. 186
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

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

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

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

2. SUBMISSION OF INVOICES:

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

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

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

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

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

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

Troy Porter
Troy Porter
West Contra Costa Public Education Fund
187
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Troy Porter
[email protected]
West Contra Costa Public Education Fund
West Contra Costa Public Education Fund
1400 Marina Way S.

Richmond, CA 94804
[email protected]
Robert Bunce
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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, West Contra Costa Public Education Fund
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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.

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

8. PERMITS AND LICENSES:

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

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

9. TERMINATION:

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

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

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under West Contra Costa Public Education Fund
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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 West Contra Costa Public Education Fund
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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 West Contra Costa Public Education Fund
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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 West Contra Costa Public Education Fund
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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, West Contra Costa Public Education Fund
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

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

26. COUNTERPARTS:

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

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

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

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EXHIBIT E

SPECIAL CONDITIONS

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

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EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 202
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Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
203
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

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

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

Cancellation

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

Reporting Requirements

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

204
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

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

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

West Contra Costa Public Education Fund
205

1 GRANT SERVICES AGREEMENT

RICHMOND FUND FOR CHILDREN AND YOUTH

GRANT PROGRAM

Department: City Manager’s Office,
Internal Services
Project Manager:

Patrick Seals
Project Manager’s E-mail:
[email protected]
Project Manager’s Phone Number:
(510) 620-6523
Grantee:

City of Richmond, Recreation Division
with the West Contra Costa Public
Education Fund (Ed Fund West)
Contact Name: Troy Porter
Email: [email protected]
Phone: 510-620-6641
Vendor No: 5680

Contract No: 7381
Term: 01/01/25 - 12/31/27 Payment Limit: $900,000 ($300,000 per FY) Program Summary: The City of Richmond’s Recreation Division in collaboration with the Ed Fund will host the Camp Achieve program, which will provide educational and enrichment services to 360 K-8th grade youth annually in Richmond, California. The program will combat summer learning loss and provide enrichment experiences.

THIS AGREEMENT is hereby entered into on _________________ (“Effective Date”) by and between the City of Richmond, a municipal corporation and charter city (“City”) and the City of R ichmond, Recreation Division, a California nonprofit corporation (“Grantee”) (collectively, the “Parties”).

RECITALS

A. On June 5, 2018, Measures E and K, known as the Richmond Kids First Initiative, approved a City of Richmond charter amendment (Article 15) to create the Richmond for Fund of Children and Youth (“Fund”), require that a portion of the General Fund be set aside to fund youth programs and services, establish a 15-member Oversight Board, conduct a Community Needs Assessment (CNA), and develop a three-year Strategic Investment Plan (SIP) which guides a 3-year grant-making process.

B. As stated in the Charter of the City of Richmond - Article 15 Section 2, the Fund will be maintained separate and apart from all other City funds and shall be appropriated annually at the time of the City’s budget adoption. The City of Richmond is required to set aside a portion of the annual actual unrestricted general purpose revenues of the City to be transferred in the amounts specified below:

1. For Fiscal Year 2021-2022, to be set aside for the Fund is an amount equal to one percent (1%) of the City’s annual actual unrestricted general purpose revenues.

2. For Fiscal Year 2022-2023, to be set aside for the Fund is an amount equal to two percent (2%) of the City’s annual actual unrestricted general purpose revenues.

3. For Fiscal Year 2023-2024, and each fiscal year thereafter through Fiscal Year 2027-2028, to be set aside for the Fund is an amount equal to three percent (3%) of the City’s annual actual unrestricted general purpose revenues.

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12/11/2025
206

2 C. On October 6, 2024, Grantee submitted an application for financial assistance in carrying out a particular public purpose (“Grant”) that was evaluated and recommended for funding by the Fund Grant Review Panel and approved by the Richmond City Council on December 3, 2024. Grantee and City now wish to enter into this Agreement for the provision of Grantee’s Program (as defined below) as approved by the Richmond City Council.

NOW, THEREFORE, it is agreed between the Parties hereto that:

ARTICLE I

PROVISIONS

Section 1.1 Scope of Services.

A. Program Delivery. Grantee shall, to the satisfaction of City, perform and provide the program and/or services outlined in the Service Plan attached hereto and made a part hereof as Exhibit A (“Program”).

B. General Administration. Grantee shall provide program management and general administrative services to support the Program. Administrative support includes but is not limited to the following: data collection and analysis, preparation and submission of a mid-year and a final (“Close- Out”) report, budget preparation and submission of demands for reimbursement, and any other function that will ensure compliance with this Agreement.

C. Staffing. For each employee funded by the Grant, Grantee shall provide the name of such employee(s), title, description of job responsibilities, hourly base pay rate or billable rate, and an estimate of time to be spent on the Program by employee per pay period. Such staff information shall be submitted within thirty (30) days of the Effective Date. Grantee shall inform City in writing, within ten (10) working days, of any changes to such staff that occur during the Term.

D. Performance Monitoring. City shall have the right to monitor Grantee’s compliance with the goals and performance standards established in this Agreement . Substandard performance , as determined by City, shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Grantee within thirty (30) days after being notified by City, this Agreement may be suspended or terminated. Substandard performance may be shared with future RFCY Grant Review Panel members, Richmond City Council, and/or City staff and may impact Grantee’s ability to apply for and/or receive future City funds, including Grant funds.

E. Site Visits and Meetings. City may coordinate at least one (1) site visit of every Grant- funded Program during the Term . City may also convene a t least one (1) mandatory meeting and/or training session. City will provide Grantee timely notice for each such meeting or training session.

F. Capital Improvement Projects. The City reserves the right to solicit competitive bids and proposals for any Capital Improvement Project on City or publicly land. Additionally, the City retains the authority to select contractors based on these bids, oversee the execution of the program, and manage all Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 207

3 aspects of the project throughout its entire scope, ensuring that it is completed in accordance with the established requirements and standards
Section 1.2 Term.

This Agreement shall commence effective January 1, 2025, and shall terminate on December 31, 2027, and thereafter the Agreement shall be null and void and of no further force or effect, except as otherwise provided herein.

Section 1.3 Funding.

This Agreement shall be deemed executory to the extent that the monies are appropriated in the current Grant Budget for the purposes of this Agreement and no liability shall be incurred by City, or any other department of City, beyond the monies budgeted and available for this purpose. The Agreement is not a general obligation of City. Neither the full faith and credit, nor the taxing power of City is pledged to the payment of any amount due or to become due under this Agreement. It is understood that neither this Agreement nor any rep resentation by any City employee or officer creates any obligation to appropriate or make monies available beyond those monies appropriated in the current Grant Budget for the purposes of this Agreement.

ARTICLE II

DISBURSEMENT LIMIT

Section 2.1 Amount.

It is expressly agreed and understood that the total amount to be disbursed by City under this Agreement shall not exceed $900,000 (“Disbursement Limit”). To the extent practicable, the use of Grant funds shall be used on a pro rata basis with other funds provided to the Program.

Section 2.2 Demands.

The Project Manager may disburse a twenty-five percent (25 %) advance payment of the Disbursement Limit to Grantee (“Advance Payment”) in its sole discretion for Quarters 1, 2, and 3 .

Grantees receiving an Advance Payment may be eligible for an additional Advance Payment of twenty- five percent (25%), contingent upon the submission of complete reporting and invoicing documentation, as set forth in Section 4.1(C) of this Agreement and as determined by the Project Manager . A final Advance Payment of twenty -five percent (25%) may be made , contingent upon submission of the complete reporting and invoicing documentation, as set forth in Section 4.1(C) of this Agreement and as determined by the Project Manager . Unless the Project Manager approve s disbursement of an Advance Payment described herein , G rant funds will be disbursed on a reimbursement basis . The remaining twenty-five percent (2 5%) will be reserved until the completion of the Grant program and final submittal of all documentation required per this Agreement.

It is Grantee’s responsibility to ensure that Grant funds are used only for the eligible costs and amounts specified in the Program Budget, attached hereto and made a part hereof as Exhibit B. No more than twenty percent (20%) of the Grant funds may be allocated by Grantee to indirect costs, calculated as a percentage of the total Grant request. Should Grantee fail to use Grant funds in Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 208

4 accordance with the Program Budget, the payment of Grant funds may be suspended or terminated.

Section 2.3 Non-Liability.

City shall not be liable for any cost that (a) has been paid, reimbursed, or is subject to payment or reimbursement from any other source; (b) was incurred prior to the beginning date of this Agreement; (c) is not in accordance with the terms of this Agreement, including all Exhibits; or (d) has not been billed to City within thirty (30) calendar days after the date this Agreement terminates.

ARTICLE III

LIMITATION ON CITY OBLIGATIONS

Section 3.1 Limitations.

A. Nothing in this Agreement shall make Grantee or Grantee’s employees (a) subject to any of the memoranda of understanding that apply to union represented City employees, (b) subject to the Personnel Rules, Employee Handbook, or Administrative Policy Manual that apply to City employees, (c) subject to any of the benefits received by employees of City, including but not limited to Medical, Dental, Vision, Retirement, Vacation or Sick Leave, and Administrative Leave, (d) covered by City’s Workers’ Compensation Insurance, or (e) employees of City for purposes of the Tort Claims Act (Govt.

Code Section 825, et seq) or for any other purpose.

B. Grantee and Grantee’s employees shall not be protected by the same immunities and right to indemnification and defense extended by the Tort Claims Act to public employees , including City employees.

Section 3.2 Termination for Convenience.

This Agreement may be terminated by the City, at its sole and absolute discretion, upon thirty (30) days advance written notice thereof to Grantee or cancelled immediately by written mutual consent of the Parties.

ARTICLE IV

ADMINISTRATIVE REQUIREMENTS

Section 4.1 Financial Management.

A. Accounting Standards . Grantee shall adhere to Generally Accepted Accounting Principles1, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

B. Documentation and Record-Keeping.

1 “Generally Accepted Accounting Principles” refers to the accounting standard adopted by the U.S.

Securities and Exchange Commission (SEC).

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5 (1) Records to be Maintained . Grantee shall maintain all required records pertinent to the activities being funded pursuant to this Agreement, in a manner satisfactory to the City.

(2) Retention. Grantee shall retain all records related to the Program for a period of five (5) years after the termination of all activities funded under this Agreement.

(3) Client Data. Grantee shall maintain all client-level data demonstrating client eligibility for the Program, including client name, address, basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request, pursuant to Section 1.1.D of this Agreement.

(4) Close-Outs. Grantee’s obligation to City shall not end until all Close-Out requirements are completed, including preparation of a Close-Out Report at the end of the Term. Activities required during the Close-Out period shall include, but are not limited to: submission of the Close-Out Report, making all final payments to employees, vendors, and/or contractors, submission of a Final Invoice (per the invoice requirements set forth in Section 4.1.C(5) below), and return to City of all unspent cash advances

(5) Audits and Inspections. All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cured by Grantee within thirty (30) days after Grantee’s receipt of such reports. Failure by Grantee to comply with any audit requirements shall constitute a breach of this Agreement and may result in the withholding or termination of future Grant fund payments.

C. Reporting, Evaluation, and Payment Procedures.

(1) Budgets. The Program Budget (Exhibit B) shall include a list of expenditures to be paid for via Grant funds. No more than twenty percent (20%) of the Grant funds may be allocated to indirect costs, calculated as a percentage of the total grant award. The Parties may agree to revise the Program Budget from time to time in accordance with existing City policies.

(2) Payment Procedures. Subject to the Disbursement Limit, City will pay Grantee the Grant funds available under this Agreement based upon information submitted by Grantee and consistent with the Program Budget and City policies concerning such payments.

Payments will be made via paper check or electronic funds transfer and only for eligible expenses actually incurred by Grantee, up to the Disbursement Limit. Any funds remaining shall revert back to City. Payments will be adjusted by City in accordance with any Advance Payments to Grantee.

(3) Progress Reports . Grantee shall submit quarterly grant reports (Progress Report) to the Project Manager in the form and content as set forth in the Grant Report Template, attached hereto as Exhibit C. The Progress Reports are due no later than the Due Dates listed below for each Term, unless an extension is authorized by City, in its sole and absolute discretion:

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6 Quarter Period to be covered in Progress Report Due Date 1 January 1 through March 31, 2025 April 30, 2025
2 April 1 through June 30, 2025 July 31, 2025
3 July 1 through September 30, 2025 October 31, 2025
4 October 1 through December 31, 2025 January 31, 2026
5 January 1 through March 31, 2026 April 30, 2026
6 April 1 through June 30, 2026 July 31, 2026
7 July 1 through September 30, 2026 October 31, 2026
8 October 1 through December 31, 2026 January 31, 2027
9 January 1 through March 31, 2027 April 30, 2027
10 April 1through June 30, 2027 July 31, 2027
11 July 1 through September 30, 2027 October 31, 2027
12 October 1 through December 31, 2027 January 31, 2028

(4) Close-Out Report. The Close-Out Report, covering the entire Grant period, is due no later than thirty (30) days after the end of the Term (as indicated below), unless an extension is authorized by City, in its sole and absolute discretion.

Period to be covered Due Date
January 1 through December 31, 2027 January 31, 2028

(5) Performance Measurement. On an annual basis, the Richmond Department of Children and Youth will review the Program’s performance scores as outlined in Exhibit A, Exhibit B, Appendix B, and Appendix C to assess program quality and accountability according to the City’s satisfaction. Failure by the Grantee to meet performance expectations will result in a program improvement process that may result in the withholding, rescindin g, or termination of current or future Grant fund payments.

(6) Evaluations. Grantee shall participate in RFCY evaluation activities, including but not limited to administering parent and youth experience surveys, grantee surveys, and focus groups. Such activities can take place past the conclusion of the program end date.

(7) Technical Assistance Activities. The City shall partner with external contractors to provide technical assistance related to data collection, reporting, and continuous improvement and will encourage the Grantee to participate to support the Program’s efforts continuous improvement efforts.

(8) Invoices. Invoices shall contain , but not be limited to, the following information in sufficient detail and shall be submitted in a form which adequately de monstrates consistency with the Service Plan and Program Budget:

a. Number of hours per task that Grantee staff performed work; b. Number of hours per Grantee staff member being billed for which stipends have been paid;
c. Hourly or flat rate provided to Grantee staff; and
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7 d. Itemization of any other direct costs (e.g., supplies, travel, operating expenses, etc.) incurred for which reimbursement is being requested within that Invoice period.

Note: Itemization of indirect cost (e.g., rent, utilities, etc.), although not required, may be requested by and shall be made available to City upon request.

(9) Required Supporting Documentation. The following Required Supporting Documentation must be submitted with each Invoice, as applicable:

a. Each Invoice must contain all of the information specified in the Grant Report Template (Exhibit C).
b. If the Invoice is requesting reimbursement of any other direct costs (i.e., any costs other than Grantee staff time or stipends—for example, supplies, travel, operating expenses, etc. ), the I nvoice must be accompanied by copies of actual itemized invoices or receipts for all applicable direct costs.
c. If Grantee staff time or stipends are included in the Invoice, City may request that the Invoice be accompanied by copies of timesheets , daily logs, and/ or payroll records covering all staff hours for which reimbursement is being requested.

(10) Matching Funds. Matching Funds refers to all program funding above the RFCY award that are necessary to provide the services at the proposed levels. Grantee must demonstrate, and is accountable for, raising and documenting funding that equals at least fifteen percent (15%) of the RFCY grant award as a program match. This fifteen percent (15%) match of RFCY program funding must be a cash or in -kind match that supports the proposed program. Grantee must provide evidence of in-kind and cash matches at the end of the third quarter, (e.g., through letters, copies of checks, grants, or records of volunteer or donated services.)

ARTICLE V

GENERAL PROVISIONS

Section 5.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture by and between City and Grantee or either Party’s agents, employees volunteers, or subcontractors, and Grantee shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its employees, volunteers, agents, and/or subcontractors, perform the services required of it by the terms of this Agreement.

Grantee has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of the Program under this Agreement.

Section 5.2 Compliance with Laws.

A. With respect to this Agreement, Grantee shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations, and the orders and decrees of any courts or administrative Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 212

8 bodies or tribunals, including without limitation environmental laws, disability laws (including the Americans with Disability Act ), employment discrimination laws , living wage , and prevailing wage laws, as well as all California Department of Justice and Secretary of State requirements. Compliance under this provision also means Grantee’s compliance with all provisions of the Municipal Code of the City of Richmond (“Municipal Code”), including Chapter 2.28 and Chapters 2.50, 2.52, 2.56, 2.60, and

2.65, if applicable, which are hereby incorporated by reference.

B. Living Wage Ordinance . Grantee acknowledges that under Section 2.60.070 of the Municipal Code ( “Living Wage Ordinance ”), Grantee shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also , as prescribed in Section

2.60.070 of the Municipal Code, Grantee shall notify each of its affected employees regarding the wages that are required to be paid pursuant to the Living Wage Ordinance.

C. Non-Discrimination.

(1) Grantee agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor. Said Section 2.28.030 is, by this reference, a part of this Agreement.

(2) If Grantee is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreem ent.

Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

D. 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 Divis ion of the United States Department of Homeland Security (“ICE”).

Grantees must submit the Sanctuary City Compliance Statement included herein as Exhibit D along with the bid or proposal prior to execution of the contract.

Section 5.3 Publicity and Acknowledgement of Support.

A. Grantee shall give appropriate credit to City and the RFCY program for their financial support in any and all press releases, publications, annual reports, video credits, dedications, and other public communications regarding the Program and services performed pursuant to this Agreement, including but not limited to any tangible final products produced pursuant to this Agreement. Copies of such materials shall be provided to City for review prior to their release.

B. Grantee hereby grants to City the right and authority to publicize City and RFCY program support for the Program in press releases, publications, and other public communications of any Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 213

9 type including, without limitation, digital and web publications, and to use Grantee’s name, likeness, logo, or other official representation of Grantee in such communications.

C. Website Links: Grantee grants revocable permission to City to place links to Grantee’s web site on City’s RFCY website. City also grants revocable permission to Grantee to place links to City’s RFCY website on Grantee’s web site. Revocation of such permissions shall be noticed in writing and the Party in receipt of such notice shall have thirty (30) days to remove all links to the other Party’s website from its own website.

Section 5.4 Background Checks.

If Grantee provides services to youth or other vulnerable populations (including, but not limited to elderly, differently -abled, chronically ill, unhoused, etc.), Grantee shall require comprehensive background checks and fingerprinting of all its employees, volunteers, agents, or subcontractors that work directly with youth or such other vulnerable populations. The cost of the background checks and fingerprinting shall be borne solely by the Grantee. Grantee agrees to provide City with an affidavit certifying that these background check and fingerprinting processes were completed and that all aforementioned individuals supporting Grantee who provide services to vulnerable populations have successfully passed the background and fingerprinting checks. At City’s discretion, Grantee may also be subject to an audit of the underlying records referred to in and relied upon in preparing the affidavit.

In addition, Grantee must ensure that all its employees, volunteers, agents, and subcontractors have a responsibility to self-report to Grantee within three (3) calendar days any arrest. Grantee must notify the Project Manager within forty-eight (48) hours of all details concerning any reported arrest. Upon City’s request, Grantee shall re -screen any of its employees, volunteers, agents, and/or subcontractors during the term of this Agreement.

Section 5.5 Default.

In the event Grantee fails to perform properly any of its obligations hereunder, Grantee shall have thirty (30) days after receipt of written notice from City to cure such failure of performance. If Grantee does not cure the failure within thirty (30) days , or if Grantee fails to commence to cure or , within a reasonable time thereafter , fails to complete the cure, City may , in addition to any other remedies, suspend or terminate this Agreement, complete Grantee’s obligations in any reasonable manner it chooses, or operate or maintain the Program as the City may deem necessary to fulfill require ments of the Grant. Grantee shall reimburse City for any costs or expenses incurred by City because of such failure to perform. If Grantee fails to comply with any of rules, regulations, ordinances, requirements , or provisions of City, in addition to other remedies as provided by law, this Agreement may be suspended or terminated.

Section 5.6 Copyright.

If this Agreement results in any copyrightable material, City reserves the right to royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.

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10 Section 5.7 No Claims.

Nothing contained in this Agreement shall create or justify any claim against City by any person that Grantee may have employed or with whom Grantee may have contracted relative to the purchase of materials, supplies, or equipment, or to the furnishing or the performance of any work or services for the Program or otherwise.

Section 5.8 Indemnification.

A. To the fullest extent permissible by law, Grantee shall indemnify, defend and hold harmless, and require its contractors and subcontractors to defend, indemnify and hold harmless, City, its elected and appointed officials, and all of City’s employees and agents (“Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims, or judgments, including attorney's fees and other defen se costs (collectively, “Claims”) resulting from injury to or death sustained by any person (including Grantee’s or any contractors’ or subcontractors' employees) , or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the provision of Program services performed pursuant to this Agreement, regardless of Grantee’s fault or negligence; provided, however, that Grantee’s indemnity obligations hereunder shall not apply to the extent any Claims are caused by the sole and active gross negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Grantee and its contractors and subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason.

B. In Claims against any person or entity indemnified under Section 5.8.A above by an employee of Grantee, or its contractors and subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 5.8.A above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts , or other employee benefit acts.

Section 5.9 Non-Liability of City Officials, Employees, and Agents.

No member, official, employee, or agent of City shall be personally liable to Grantee in the event of any default or breach by City, for any amount which may become due to Grantee or its successor, or on any obligation under the terms of this Agreement.

Section 5.10 Insurance.

Grantee shall submit to City evidence of and keep current the insurance coverage meeting the general requirements set forth in the Insurance Requirements, attached hereto and made a part hereof as Exhibit E.

Section 5.11 No Third-Party Beneficiaries.

There shall be no third-party beneficiaries to this Agreement.

Section 5.12 Conflict of Interest.

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11 A. Except for approved eligible administrative or personnel costs, no person described in Section 5.12.B below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract , or agreement with respect thereto, or the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during or at any time after such person's tenure. Grantee shall exercise due diligence to ensure that the prohibition in this Section 5.12.A is followed.

B. The conflict of interest provisions of Section 5.12.A above apply to any person who is an employee, agent, consultant, officer, or any immediate family member of such person, or any elected or appointed official of City, or any person related within the third (3rd) degree of such persons.

Section 5.13 Notices, Demands, and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand , or communication upon the other Party, such notice, demand, or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail with return receipt requested and postage prepaid or delivered by express delivery service with return receipt requested.

If intended for City, it shall be addressed to:

City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, California 94804
Attention: City Manager

With copy to:

City of Richmond
450 Civic Center Plaza, Suite 340
Richmond, CA 94804
Attention: City Attorney

If intended for Grantee, it shall be addressed to:

Attention: Executive Director
City of Richmond
3230 MacDonald Ave.

Richmond, CA 94804

Any notice, demand, or communication shall be deemed given, received, made, or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either Party may change its mailing address at any time by giving written notice of such change at least ten (10) days prior to the Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 216

12 date such change is desired to be effective.

Section 5.14 Applicable Law.

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

Section 5.15 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors in interest, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.

Section 5.16 Attorneys' Fees.

If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing Party will have the right to recover its reasonable attorneys’ fees and costs of suit from the other Party.

Section 5.17 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding, or unenforceability.

Section 5.18 Waivers.

Any waiver by City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by City to take action on any breach or default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Grantee shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for Grantee’s written consent to future waivers.

Section 5.19 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.

Section 5.20 Entire Understanding of the Parties.

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13 This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the Parties.

Section 5.21 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.

CITY OF RICHMOND:

Kinshasa Curl Date
City Manager

Approved as to form: Attest:

____________________________ _________________________________ James Atencio Pamela Christian
Senior Assistant City Attorney City Clerk

GRANTEE:

Name Date

_________________________________ ____________________________________ Title Signature

Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 Recreation Supervisor
11/17/2025
12/10/2025
218

EXHIBIT A

SERVICE PLAN
In a satisfactory manner as will be determined by the City‘s Management Analyst, Grantee shall execute:

1. Service Specification
The City of Richmond’s Recreation Division (Recreation), in collaboration with the West Contra Costa Public Education Fund West (Ed Fund) will host the Camp Achieve program, which will provide educational and enrichment services to 360 K-8th grade youth annually in Richmond, California. The program will combat summer learning loss and provide enrichment experiences.

Program Overview
Camp Achieve will provide high-quality summer camp programming focused on academic support, enrichment activities, and social-emotional learning for 360 Richmond youth aged 5-14 years of age. The program specifically aims to enhance literacy skills, provide fitness and wellness opportunities, and support social-emotional development. Through project-based learning, enrichment activities, and field trips, the program will increase academic preparedness, foster personal growth, and encourage healthy lifestyles.

Lesson Specifications
Each camp will receive at least 1.5 hours of daily project-based learning on topics including:
● Literacy and Social Skills: Strengthening academic foundations and communication skills ● STEM and Arts Enrichment: Hands-on experiences in science, technology, engineering, math, and creative expression
● Physical and Emotional Well-being: Activities promoting fitness, mindfulness, and teamwork
● Community Engagement: Service-oriented projects fostering civic responsibility and leadership
These lessons will incorporate interactive instruction, small group discussions, hands-on activities, and mentorship opportunities.

Camp Achieve will be held at several Richmond community centers, from June through August at the Shields-Reid Community Center at 1410 Kelsey St, Nevin Community Center at 501 Nevin Ave, Parchester Community Center at 900 Williams Drive, and Booker T. Anderson Community Center at 960 S 47th St, all within Richmond.

The program will operate for 6 hours a day, 5 days a week, over 8 weeks in June, July, and August each year (June 16 – August 8 for 2025). In collaboration with the Ed Fund, the City of Richmond Community Services Department, and the Recreation Division, Camp Achieve will serve K-9th grade youth, reaching 1,080 unique Richmond youth over three years.

Daily Schedule
● 10:00 AM - 10:15 AM – Camp starts, announcements, free play ● 10:15 AM - 10:30 AM – Announcements, rules, and team building ● 10:30 AM - 11:30 AM – Curriculum theme-based learning ● 11:30 AM - 11:45 AM – Clean up
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EXHIBIT A

SERVICE PLAN
● 12:00 PM - 1:00 PM – Free lunch
● 1:00 PM - 3:00 PM – CBO push-in providers with organized games, rotating activities ● 3:00 PM - 3:30 PM – Return to classes/groups to finish morning projects ● 3:30 PM - 4:00 PM – Free play and departure
Camp Achieve will involve collaboration with several Community-Based Organizations (CBOs), including West Coast Chess Alliance, East Bay Center for the Performing Arts, The Practice Space, Bay Area Creative, and Youth Code Now. In addition, Mental Health Clinicians from the Early Childhood Mental Health program will provide support. Additional CBOs may be incorporated as needed, depending on the availability of the camp.

Field Trip Specifications
Participants will participate in weekly field trips to educational and recreational destinations, engaging in the following activities:
● Themed Learning Experiences:
o Connected to weekly project-based themes, such as a Camp Talent Show, Richmond History Week (including visits to the Rosie the Riveter Museum and the Richmond Museum), STEM Week, trips to the Exploratorium, and hands-on rocket/robot building.
● Outdoor Activities:
o Swimming and physical recreation to promote wellness, including visits to local pools and regional parks.
● Cultural and Community Visits:
o Excursions to museums, parks, and historical sites for local culture and history. ● Interactive Workshops:
o Opportunities to interact with local professionals and experts to deepen learning.

Program Details

1. Target Demographic – Serving 360 Richmond youth annually, ages 5-14 years old (K- 8th grade), with a participant demographic of 52% Latinx, 38% Black/African American, 4% Native American/Indigenous, 3% White, and 3% Pacific Islander youth.

2. Program Outcomes – Participants will return to school better prepared in literacy and academics, develop healthier lifestyles, and improve social-emotional skills.

3. Evaluation Methods – The program will be evaluated through pre- and post- assessments, parent feedback, and program performance reports.

For further inquiries or clarification regarding this service specification, please contact:

City of Richmond Community Services-Recreation
Troy Porter, Recreation Supervisor
[email protected]
(510) 620-6641
Ed Fund
Robert Bunce, Executive Director
[email protected]
(510) 200-8697
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EXHIBIT A

SERVICE PLAN

2. Timeline
Task/Activities Month
1st Term (July 1 – December 31)
CSD staff to meet and begin planning camp November-December Ed Fund to fundraise for camp September-December
2nd Term (January 1 – June 30)
CSD to plan scope and sequence for camp February
Ed Fund to contract teachers, CBO provider February-March Curriculum development, full scope of camp created March-May Recruitment of campers April-June
Staff recruitment February-May
Staff training & onboarding May-June
Begin Camp Achieve
June-August
Pre-assessments of campers
Campers engage in theme based academic programming
Campers take part in high quality enrichment programming Campers build relationships with caring adults
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EXHIBIT A

SERVICE PLAN

3. Project Outcome and Evaluation
Program
Component Program Outcome Indicator/ Measurement Goal Evaluation Method School Readiness
Reduce summer learning
lose, increased literacy
readiness
Number of campers participating (4
sites x 50-60 campers) 200-240 Registration or average
daily attendance count
Number KG-8th grader campers 5-
14/grade
Registration or average
daily attendance count
% increase in literacy readiness over
8 weeks 10%
San Diego Quick
Assessment – Readiness
Survey
Social Emotional
Wellbeing
Engage with caring adults
and improve feelings of
safety and security
% Students will report positive
relationships with staff and other
campers
75% or
better Student Survey and Debrief
Qualitative Data
Camper Satisfaction kids will build important
relationships
% Campers will report being safe at
camp and express and that they
enjoyed camp
75% or
better
Student Survey and Debrief
Qualitative Data
% caregivers that report return to
student return to school more
prepared
75% or
better
% of caregiver that report would
register their youth for camp achieve
the following year
75% or
better
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Appendix B: Demographics Table
ESTIMATED TOTAL NUMBER OF UNIQUE RICHMOND PARTICIPANTS: 360 Ages
Race/Ethnicity Birth-5 6-12 13-17 18-24 TOTALS
Asian 0 0 0 0 0
Black/African American 25 109 1 0 135
Latinx 28 156 4 0 188
White 2 9 0 0 11
Native American/Indigenous 2 12 0 0 14
Pacific Islander 2 10 0 0 12
Mixed Race 0 0 0 0 0
Prefer not to state 0 0 0 0 0
Other 0 0 0 0 0
TOTALS 59 296 5 0 360
Gender Number of Participants TOTALS
Male 144
Female 216
Non-Binary 0
Not Listed 0
TOTALS 360
Residential Zip Codes Number of Participants TOTALS
94801 180
94803 0
94804 90
94805 0
94806 90
TOTALS 360
Priority Population % of participants
Justice-impacted youth 2%
Young people who have been pushed out of school 0%
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Young people who themselves are homeless, or whose families are threatened by homelessness
10%
Young people living in poverty 98%
Immigrant and undocumented children, youth, and families 30% LGBTQIA+ children, youth, and families 0%
Teen parents and families, including single mothers 0%
Young people with poor physical, mental, emotional and behavioral health outcomes, and children with disabilities
40%
Families with children and youth who are impacted by the criminal justice system
53%
TOTALS
Narrative and Explanation:
360 kids represent the attendance across the 4 camp sites per summer. Camp Achieve is an open enrollment model - kids are not required to attend all summer. The average daily attendance is approximately 220 kids/day across the 4 sites.

Camp Achieve is FREE and serves the highest-need communities in Richmond. All 4 camps are located next to or close to public housing. Kids at camp face multiple challenges, with the vast majority of kids being in the priority population. For most kids, this is the only accessible program that is free and within walking distance of their homes.

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Appendix C: Activity and Operations Projections Table
ACTIVITY PROJECTIONS:

Name of
Program
Activities
Category
(select from
menu below)
No.

Sessions
per
Quarter
Avg. No.

Participants
Avg.

Length
per
Session
(hours)
Activity
Description
Academics -
Literacy
Group 40 360 1.5 hours Certificated
WCCUSD
teachers
provide
academic
instruction to
participants
with a focus
on literacy.

Supportive
Services - Group
Check-ins
Group 120 360 0.25 hours City of
Richmond
staff check in
with
participants
as a group
twice at the
beginning and
once at the
end of each
day of
camp.

Academics Group 24 360 3 hours Three days a
week,
Richmond
non-profits
provide
enrichment
programming
in various
areas, dance,
sports, arts,
chess,
community
service,
nutrition,
STEM, social-
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emotional
learning, and
more.

Sports and
Recreation -
Swimming
Group 8 360 3 hours Campers
participate in
a weekly
swimming
trip.

Field Trips Group 8 360 5.5 hours Campers
participate in
a weekly
educational
and
enrichment
field trip.

Other - Lunch Group 40 360 0.75 hours Campers
receive lunch
and snacks
every day.

Choose an item.
hours
Choose an item.
hours
Choose an item.
hours
Choose an item.
hours
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PROGRAM OPERATIONS:

Number of Weeks
Operating
Days of Week
Operating
Grant Program Hours
of Operation
June 2 Monday - Friday 10:00 am - 4:00 pm
July 4 Monday - Friday 10:00 am - 4:00 pm
August 2 Monday - Friday 10:00 am - 4:00 pm
September 0
October 0
November 0
December 0
January 0
February 0
March 0
April 0
May 0
TOTAL 8 Weeks 5 Days 6 Hours
LOCATION(S) OF PROGRAM ACTIVITIES:

Location Name Address Location Type
Nevin Community Center 598 Nevin Ave, Richmond, CA
94801
Community Center
Parchester Community Center 900 Williams Dr, Richmond, CA 94806
Community Center
Shields-Reid Community Center 1410 Kelsey St, Richmond, CA 94801
Community Center
Booker T. Anderson
Community Center
960 S 47th St, Richmond, CA
94804
Community Center
Choose an item.

Choose an item.

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EXHIBIT B

PROGRAM BUDGET
The Program Budget can be modified up to the disbursement limit upon request from the Grantee and approval from the City’s Project Manager.

Expenditures Grant
Amount
Budget Narrative Required Supporting
Documents for Payment
Program Personnel
Recreation Staff Salaries $93,800 Supervisors
Supervisor,
Coordinators, Program
Specialists
Proof of payment (Payroll
records, paystubs, etc.)
Timesheets (name, date,
and hours worked)
TOTAL PERSONNEL COST $93,800
Program Cost
Contractor (65%) $195,000 Ed Fund (Collaborative
Partner) Contract
teachers, service
providers, fiscal
services, contract
support
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Programmatic Supplies $4,500 Books, art materials,
supplies for project-
based learning
activities
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Transportation $6,700 Bus Rentals for Field
Trips
TOTAL PROGRAM COST $206,200
TOTAL PROJECT BUDGET $300,000
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EXHIBIT C
The Grant Report Template May be Updated by the City of Richmond at Any Time Project Expenses to Date: Attach a completed Invoice for any reimbursable costs incurred during this reporting period.

Fiscal Years 2025-27
Progress Report
Richmond Fund for Children and Youth (RFCY) Grant Program

Organization Name:

Project Name:

Contact Person: Contract #:

Grant Award Amount: $ Project Duration: (in months)

Total number of clients served:

Total number of clients served from Richmond:

Indicate the area or neighborhood(s) where services were provided:

Program Project Description: (Provide a brief description of the project/programs your organization is providing with RFCY Grant funds. Activities must be consistent with the Service Plan attached as Exhibit A to the Grant Services Agreement)

Task Accomplished and Success to Date:

1. What task has your organization completed in whole or in part during this period?(Task should be consistent with those identified in the Service Plan for the reporting period)

2. Identify and discuss any challenges, issues or problems your organization faced during this period which might impact the program/project’s ability to meet the intended outcomes identified in the Service Plan.

3. What lessons have you learned from participants, staff and/or the community during the course of the project?

4. What feedback have participants and/or members of the community provided regarding the program/project? (e.g. quotes, e-mails/letters, summarized findings from surveys)

5. Did your staff participate in any capacity-building opportunities during the reporting period? If so, please identify.

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Complete the chart below. The chart should be completed using information from the Grant Service Agreement Exhibit A – 3 Outcomes Table. Add Lines if needed

Program Component Program Outcome Indicator/
Measurement Goal
1st Quarter 2nd Quarter Grant End
7/1 9/30 10/1 12/31 7/1 – 12/31
Actuals at period
end
Actuals at
period end
Cumulative
Actuals
School Preparedness Students return to class with
adequate supplies
# of backpacks
distributed 100 60 60 120
# of volunteers 20 5 3 8

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CITY OF RICHMOND
Sanctuary City Compliance Statement

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

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

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."

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 11/17/2025
Troy Porter
CSD Recreation Dept.

Recreation Supervisor
231

14 EXHIBIT E

INSURANCE REQUIREMENTS

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

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Exhibit E
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self-Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

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

Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 233
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is
used.)
$1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

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

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

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

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the contractor shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

Exhibit E
Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 234
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

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

Exhibit E
Docusign Envelope ID: EF1DA1AE-7C31-409D-A868-D16F28FF0A98 235
236
237
238
239

Page 1 of 3 ends

April 21, 2026

Library and Community Services

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager of Community
Services
Kate Eppler, Deputy Director of Community Services-
Library
Christopher Larsen, Library Services Manager
Meishi Ramos, Head of Reference
Subject: California State Library – Lunch at the Library Grant FINANCIAL IMPACT: The proposed $9,000 expenditure is funded by the California State Library – Lunch at the Library grant. The budget for the Library Services Department will be
increased by $9,000, and the Library grant revenue
account will be increased by $9,000. There is no net
change to the budget.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The California State Library has awarded Richmond
Public Library $9,000 as part of its Lunch at the Library grant program. Richmond Public Library plans to use the funds to bring books and enrichment to existing summer
lunch sites in Richmond.

AGENDA
REPORT
240

Page 2 of 3 ends

April 21, 2026

RECOMMENDED ACTION:

ACCEPT $9,000 in California State Library grant funding and APPROPRIATE the funds into the Library’s Fiscal
Year 2025-2026 operating budget; and AUTHORIZE the
city manager or their designee, to execute grant
agreements and certify grant reports - Community
Services Department (Christopher Larsen 510-620-
5524/Kate Eppler 510-620-5452).

DISCUSSION:

Lunch at the Library is a long-running grant program of the California State Library that supports public libraries providing summer meals at their library and library services at summer meal sites in the community. Grants are non-competitive and award amounts depend on available funding and the number of libraries applying. The Richmond Public Library has received summer Lunch at the Library funding in the prior years, most recently to provide books and programming at non-Library community meal sites.

The Richmond Public Library applied for 2026 Lunch at the Library funding in November 2025 and was awarded $9,000 to support Library visits to community meal sites and distribution of giveaway books to support the creation of home libraries. Library staff will create library cards and provide information about library programs, including the Summer Reading Program. All grant funds will be used for the purchase of books for distribution. Purchased books will be in English, Spanish, and other community languages as available.

Upon acceptance of this grant, the California State Library will distribute the awarded grant funds to the City and the Library will begin purchasing books for distribution. Visits to community meal sites and distribution of books is anticipated to begin by the second week of June 2026.

SYNERGISTIC POLICIES:

The Lunch at the Library program aligns with multiple City of Richmond policies and priorities, including the General Plan’s goals for community health and equity, the Children & Youth Master Plan’s focus on out-of-school enrichment and literacy, and the City’s commitment to racial equity and inclusive service delivery. By integrating literacy services with summer meal sites, the program supports food security efforts while expanding access to educational resources, particularly for underserved and multilingual communities. This initiative also advances the Richmond Public Library’s strategic priorities related to outreach and equitable access to services.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Lunch at the Library Memo – October 23, 2025 241

Page 3 of 3 ends

April 21, 2026

Attachment 3 – Letter from Greg Lucas, California State Librarian – February 10, 2026 Attachment 4 – Lunch At the Library Program, Financial Certification Attachment 5 – CA State Library Award Agreement & Certificate 242

Reso. No. _____

Page 1 of 2 ends

DocID #68135v1
RESOLUTION NO. ______

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

CALIFORNIA, TO ACCEPT AND APPROPRIATE LUNCH AT THE LIBRARY

FUNDS FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $9,000

WHEREAS, the California State Library makes Lunch at the Library funds available to California public libraries to support youth enrichment and literacy activities at community summer meal sites; and

WHEREAS, the Richmond Public Library applied for Lunch at the Library funding for summer 2026; and

WHEREAS, the Richmond Public Library has been awarded $9,000 by the California State Library for Lunch at the Library 2026; and

WHEREAS, these funds will be used for the purchase of giveaway books for distribution at summer meal sites to encourage the building of home libraries; and

WHEREAS, Richmond Public Library staff will visit community meal sites to create library cards, raise awareness of library programs including Summer Reading, and provide other activities and programs supporting literacy.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby accepts $9,000 in Lunch at the Library 2026 grant funds from the California State Library and appropriates the funds to the Library’s fiscal year 2025-2026 budget; and

BE IT FURTHER RESOLVED that the City Council of the City of Richmond authorizes the City Manager or their designee to execute grant agreements and certify grant reports related to the Lunch at the Library 2026 grant.

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

***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:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:
243

Reso. No. _____

Page 2 of 2 ends

DocID #68135v1

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
244

325 Civic Center Plaza, Richmond, CA 94804-1659
Telephone: (510) 620-6555 Fax: (510) 620-6850 www.richmondlibrary.org COMMUNITY SERVICES DEPARTMENT – Library/LEAP Division

RICHMOND PUBLIC LIBRARY

Kate Eppler
Deputy Director of Community Services - Library

DATE: October 23, 2025

TO: City Manager Shasa Curl and Administrative Chief Patrick Seals

FROM: Kate Eppler

SUBJECT: Lunch at the Library Grant Application

The California State Library has invited Richmond Public Library to apply for funding to support 2026 ‘Lunch at the Library’ programming.

Lunch at the Library is a long-running grant program of the California State Library, with current annual funding of $3 million from the State of California. Funds support public libraries to provide summer meals at their library and/or pop-up library services at other USDA summer meal sites in the community.

Grants are non-competitive. In summer 2024, the most recent year for which data is available, the program supported 201 library meal sites, more than 1,000 library visits to other meal sites, and the purchase and distribution of 167,000 books for home libraries.

Richmond Public Library has received summer Lunch at the Library funding in the past. In previous years, our activities included providing lunch at the Main Library. Most recently, in 2022, the Library received $3,200 to provide books and programming at other community meal sites.

In 2026, the Library proposes to seek funding for book distribution and visits to existing meal sites. In 2025, there were 28 lunch sites throughout Richmond. To avoid duplication of effort, the Library plans to partner with existing local lunch sites to provide library cards, Library Summer Reading program information, ‘farm-to-summer’ food education (required by the grant), and free books to build home libraries. Grant funds will be applied toward the cost of books for giveaway.

Grant awards will be determined by the volume of applications the State Library receives. A table of 2024 funding levels and library activities, organized by county, is attached for reference and to give a sense of scale.

As the City Manager is the Authorized Representative for City grants, we respectfully request the Manager’s signature on the attached Application Certification, which must be submitted with our application no later than 12 pm on November 5, 2025. 245
In Process

Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

January 28, 2026

Shasa Curl, City Manager
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

Dear City Manager Shasa Curl:

We are pleased to approve the grant application for the LATL Summer 2026 project for a total of $9,000 in state grant funds. City of Richmond will receive $9,000 of the award upon execution and approval of the grant agreement, certification, and claim forms.

Hard copies of this correspondence will not follow. Keep the entirety of the correspondence for your files and consider these award materials your original documents.

This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule. Your approved budget is attached and can also be found in our grant management system. Login to view and manage your grant here: www.gotomygrants.com.

Please sign the claim and certification forms at the back of your award packet using the DocuSign system. Should you have any questions regarding the use of DocuSign please contact your grant monitor.

Upon receipt of a completed claim form that is free of errors or inaccurate information, the State Library processes it for routing to the Office of the State Controller which ultimately issues the check. The total time for the claim form to be processed, routed, payment issued, and mailed can be up to eight weeks, but is often a shorter timeframe. If you still have not received payment after eight weeks, please contact your grant monitor.

The Grant Monitor assigned to your project is Robyn McCreight. Robyn is available to assist you throughout the year and can be reached via email at [email protected]. Please stay in touch with your Grant Monitor throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.

Best wishes for a successful project.

Respectfully yours,

Greg Lucas
California State Librarian

Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 2/10/2026
246
In Process
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: LATL25-57B
Library/Organization: City of Richmond
Project Title: LATL Summer 2026
Award Amount: $9,000
Start Date: February 1, 2026
End Date: January 31, 2027
Please understand that it can take from six to eight weeks before grant funds are delivered.

If you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
Lunch at the Library participants are required to provide financial and narrative reports as outlined in the grant terms and conditions (May 30, 2026, August 30, 2026, November 30, 2026, and Outputs Forms and Outcomes Surveys due September 10, 2026); final financial and narrative reports by February 28, 2027; and updates upon request. Reports will be submitted to the grant management system here: www.gotomygrants.com.

PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the payment schedule laid out in the Grant Term and Award Documentation. See item 41 in the Terms and Conditions to view the payment schedule for your grant.

CONTACT
We want your project to be successful. Please work with the grant monitor and project consultant in implementing your project:

Grant Monitor: Robyn McCreight
Monitor Phone Number: 916-603-6716
Monitor Email Address: [email protected]
Project Consultant Rachel Tucker
Consultant Email Address [email protected]

Cc:

Meishi Ramos, [email protected]
Robyn McCreight, [email protected]
Rachel Tucker, [email protected]
[email protected]

Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 247
In Process

LUNCH AT THE LIBRARY PROGRAM

FINANCIAL CLAIM

IN FULL

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office
ENY: 2025 ITEM NO: 6120-140-0001, Chapter 4, Statutes of 2025 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date
(State Library Representative)
Grant Award #: LATL25-57B Date:

Invoice #: LATL25-57B-01 PO #: 8498
Payee Name: City of Richmond
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $9,000 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: Richmond Public Library ☐ FINAL
(Name on Award Letter and Agreement) ☐ IN FULL
Project Title: Lunch at the Library Program ☐ AUGMENT
For Period From: upon execution to end of grant period
Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 248
In Process

STATE-FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 249
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 1 of 29 ends

TABLE OF CONTENTS

PROJECT SUMMARY

2 PROCEDURES and REQUIREMENTS

3 A. Term of the Agreement

3 B. Scope of Work

3 C. Budget Detail

3 D. Narrative and Financial Reports

4 E. Claim Form and Payment

5 EXHIBIT A: TERMS and CONDITIONS

7 EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS 22

Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 250
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 2 of 29 ends

PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and City of Richmond for the Lunch at the Library Summer 2026 project.

AWARD AGREEMENT NUMBER LATL25-57B
This Award Agreement (“Agreement”) is entered into on February 1, 2026 by and between the California State Library (“State Library”) and City of Richmond, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded Lunch at the Library Summer 2026 project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $9,000 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 251
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 3 of 29 ends

PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until January 31, 2027. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on January 31, 2027 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the Lunch at the Library Summer 2026.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 252
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 4 of 29 ends

the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
February 1, 2026 –
April 30, 2026
1st Financial Reporting Period Report and
Mid-Project Narrative Report
May 30, 2026
May 1, 2026 – July
31, 2026
2nd Financial Reporting Period Report and
Mid-Project Narrative Report
August 30, 2026
Summer 2026 Annual Outputs Form and Outcomes
Surveys Due
September 10,
2026
August 1, 2026 –
October 31, 2026
3rd Financial Reporting Period Report Due November 30,
2026
November 1, 2026
– January 31,
2027
Final Financial Reporting Period Report and
Final Narrative Report Due
February 28, 2027

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 253
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 5 of 29 ends

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

6. In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 254
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 6 of 29 ends

6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 255
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 7 of 29 ends

EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the current Web Content Accessibility Guidelines, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to Lunch at the Library Summer 2026.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 256
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 8 of 29 ends

c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 257
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 9 of 29 ends

completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

City of Richmond
Shasa Curl
450 Civic Center Plaza
Richmond, CA 94804
510-620-6512
[email protected]

California State Library
Robyn McCreight
900 N Street
Sacramento, CA 95814
916-603-6716
[email protected]
Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F 258
In Process
City of Richmond
LATL Summer 2026
2025-2026 LATL25-57B

Page 10 ends

of 29

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final.

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Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F260 In Process
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determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

12. Failure to Perform: The grant being utilized by the Grantee is to benefit the Lunch at the Library Summer 2026. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

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16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided.
a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F262 In Process
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any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

24. License to Use: The California State Library reserves a fully paid-up, royalty- free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $9,000 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F263 In Process
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harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.

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e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s California State Library- approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.

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d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any non-public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F266 In Process
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Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties.

Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.

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a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $9,000 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of $ 0

42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F268 In Process
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expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Subrecipient at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Subrecipient shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine, and pay the Subrecipient for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Subrecipient.
a. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Subrecipient, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
b. However, if the California Governor, Legislature, or any other controlling authority takes action to include, but not limited to, rescinding, cancelling, withdrawing or taking away a grant program, award, money, or any other form of compensation for a grant, through legislation, executive order, directive or any other type of authority then sub-section (a) above is void. Section (b) would control and take precedence over sub-section (a) making the 30 day and 45 day clauses above void. The grantee would be required to immediately return any money, award, or any other type of compensation to the State Library.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of- Docusign Envelope ID: 09492AAC-47CB-465D-86BB-D2A0EA36AF6F269 In Process
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term or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them. The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $9,000 This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
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2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives
compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide
implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug- Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

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16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

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Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHORIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian

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Greg Lucas
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April 25, 2022

RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine

Dear Grantee,

You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
California State Library
900 N Street
Sacramento, CA 95814

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April 21, 2026

Finance Department

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Emily Combs, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Ofelia Alvarez, Senior Buyer
Subject:

Update on the Sanctuary City Contracting and Investment Policy Ordinance
FINANCIAL IMPACT: There is no fiscal impact for receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

On June 5, 2018, the City Council adopted a Sanctuary
City Contracting and Investment Policy Ordinance No.
12-18 N.S., which mandates that City staff provide a
written update to the City Council. The ordinance allows exceptions when the City Council determines that no
reasonable alternative exists, considering the availability of alternatives, the intent of the ordinance, and the
quantifiable additional costs.

RECOMMENDED ACTION: RECEIVE a written update regarding the steps taken to ensure compliance with the Sanctuary City Contracting
and Investment Policy Ordinance – Finance Department
(Emily Combs, Mubeen Qader, Antonio Banuelos, Ofelia
Alvarez 510-620-6699).

AGENDA
REPORT
278

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April 21, 2026
DISCUSSION:

As a Sanctuary City, the City of Richmond is committed to protecting all residents of our community. The goal of the adopted ordinance is to prohibit the City from contracting with any person or entity that provides the United States Immigration and Customs Enforcement (ICE) with any “Data Broker”, “Extreme Vetting” services unless the City Council makes a specific determination that no reasonable alternative exists. The ordinance also prohibits the City from investing in any of these companies and requires the City to include notice of these prohibitions in any Request for Proposals (RFPs), Requests for Qualifications (RFQs), and any construction or other contracting bids. The ordinance also requires that the City provide an annual report to the City Council on its enforcement.

The Finance Department works with all the City departments on this project. All departments have reviewed the "Sanctuary City Contracting and Investment Policy Ordinance" (Attachment 1). Departments have also completed the Departmental Sanctuary City Compliance Statement (Attachment 2). Any findings or requests for waivers were noted in the Departmental Sanctuary City Compliance Statement.

In addition, all Public Works construction bids, RFQs, RFPs, or any other solicitation issued by the City shall include the statement below:

SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE STATEMENT Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein along with the bid or proposal prior to execution of the contract.

Furthermore, the City Attorney’s Office requires all contracts to have the statement below and complete the Sanctuary City Compliance Statement (Attachment 3):

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”).

Prohibition on Investment

Implementation of the investment portion of the ordinance includes monitoring of the City’s investments on a regular basis. The City of Richmond does not have any investments in stocks, bonds, securities, or other obligations issued by any provider of Data Broker or Extreme Vetting Services to ICE. The investment policy was revised to include the following restriction:

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April 21, 2026
In accordance with the Sanctuary City Contracting and Investment Policy Ordinance No. 12-18 N.S. Section 4 Prohibition on Investments, effective June 5, 2018, the City shall not make any investments in stocks, bonds, securities, or other obligations issued by any provider of Data Broker or Extreme Vetting services to United States Immigration and Customs Enforcement (ICE).

The ordinance also requires the City to adopt a plan with respect to pension fund investments to avoid investments in such entities. City employees are part of the California Public Employees’ Retirement System (CalPERS). The City contacted CalPERS and encouraged them to avoid investing in such funds per the City ordinance and investment policy.

COMPLIANCE

All departments completed the required Departmental Sanctuary City Compliance Statement and reviewed their contracts and activities for compliance. Based on departmental responses and Finance Department review, no exceptions to the Sanctuary City Contracting and Investment Policy Ordinance were reported during the 2025 reporting period.

DOCUMENTS ATTACHED:

Attachment 1 – City of Richmond Ordinance No. 12-18 - Sanctuary City Contracting and Investment Policy Ordinance
Attachment 2 – Departmental Sanctuary City Compliance Statement Attachment 3 – Vendor Sanctuary City Compliance Statement 280
281
282
283

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, Department Head of the______________________________ Department (hereafter "Department"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). The Department understands and agrees that the City shall not knowingly enter into a new contract or agreement, nor amend or extend an existing contract or agreement 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”). Department understands the meaning of the following terms used in the SCCO:

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

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."

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

By executing this Statement, Department certifies that it has complied with the requirements of the SCCO during the 20XX Calendar Year. If at any time the Department ceases to comply, Department will promptly notify the City Manager in writing.

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 , 20XX, at , California.

Department Head
Printed Name: Signature :

Name of Department : Date:

Department SCCO Compliance Statement (Augt2020)
284

CITY OF RICHMOND
Sanctuary City Compliance Statement

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

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."

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (July2024)
285

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April 21, 2026

Public Works

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Hillal Hamdan, Senior Civil Engineer
Subject:

Accept the 7th Street Bike Lane Improvement Project as
Complete
FINANCIAL IMPACT: The project is fully funded, and approval of the amended contract will have no additional financial impact. Sufficient appropriations are available in the designated project
account to cover the remaining change order amount of
$121,202.70 (Account String: 20136031-400708-23030).

PREVIOUS COUNCIL
ACTION:

February 25, 2025

STATEMENT OF THE
ISSUE:

This item is before the City Council to approve an
amendment to the construction contract to incorporate
approved change orders and to formally accept the
completed project. Council action is also required to
authorize the filing of the Notice of Completion and the release of bonds and retention payments in accordance
with state law and City procedures.

RECOMMENDED ACTION: ADOPT a resolution to ACCEPT the 7th Street Bike Lane Improvement Project as complete, AMEND the
construction contract with Rapid Grading increasing the payment limit in the amount of $121,202.70 for an
amount not to exceed $420,038.73, DIRECT the city
clerk to record the Notice of Completion, and
AUTHORIZE the city engineer to release applicable
AGENDA
REPORT
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April 21, 2026
bonds and retention – Public Works Department (Hillal
Hamdan 510-621-1612/Robert Armijo 510-620-5477).

DISCUSSION:

On February 25, 2025, City Council awarded a construction contract to Rapid Services LLC, dba, Rapid Grading Services (“Rapid Grading”) for the 7th Street Bike Lane Improvement Project CIP No. 23030B (“Project”). The scope of work included hot mix asphalt concrete paving, Portland cement concrete sidewalk, curb and gutter, and signing and striping.

City staff requested various change orders, including unforeseen BNSF permits, additional concrete flatwork, hot mix asphalt paving, and speed humps. To ensure the City meets its obligations to complete the Project, staff recommend amending the construction contract with additional funds from account string 20136031-400708- 23030. The Project is fully funded and the amended construction contract will have no additional financial impact.

The budget and project costs are as follows:

A. Construction Contract Amount $269,000.00
B. Approved Change orders $151,038.73
C. Design, Construction Management, Project Management $ 80,000.00 D. BNSF Permits $ 11,935.50
Total Project Cost $511,974.23

The Project is completed within the available budget and time frame of the contract. City staff have verified that all work was completed in accordance with the construction contract documents and applicable standards.

City staff recommend the City Council adopt the Resolution in Attachment 1, accept the Project as complete, and direct the City Clerk to record the Notice of Completion with the Contra Costa County Recorder, and authorize the City Engineer to execute and release any applicable bonds and retention payments.
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April 21, 2026
LOCATION MAP: 7th Street between Lincoln Avenue and Hensley Street

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
288

Reso. No. xx-25

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DocID #68600v1
RESOLUTION NO. xx-26

A RESOLUTION TO AMEND THE CONSTRUCTION CONTRACT FOR THE 7TH STREET BIKE LANE IMPROVEMENT PROJECT CIP NO. 23030B (“PROJECT”)

AND ACCEPT THE PROJECT AS COMPLETE

WHEREAS, the City of Richmond City Council awarded a construction contra ct to Rapid Services LLC, dba, Rapid Grading Services (“Rapid Grading”) for the 7th St reet Bike Lane Improvement Project CIP No.23030B (“Project”) on February 25, 2025; and

WHEREAS, the scope of work included hot mix asphalt concrete paving, portland cement concrete sidewalk, curb and gutter, and signing and striping; and

WHEREAS, City requested change orders including unforeseen BNSF permits, additional concrete flatwork, hot mix asphalt paving, and speed humps; and

WHEREAS, the Project is completed within the available budget and time frame of the contract; and

WHEREAS, the budget and project costs are as follows:

A. Construction Contract Amount $269,000.00
B. Approved Change Orders $151,038.73
C. Design, Construction Management, Project Management $ 80,000.00 D. BNSF Permits $ 11,935.50
Total Project Cost $511,974.23

WHEREAS, to ensure the City meets its obligations, staff recommend s authorizing a construction contract amendment with funds from account string 20136031-400708-23030; and

WHEREAS, there are no additional financial impacts from this action; and

WHEREAS, the Project is accepted as complete, the Notice of Completion shall be filed with the Contra Costa County Recorder’s Office and is categorically exempt under CEQA guidelines §15300.1.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct.

BE IT FURTHER RESOLVED that the City Council hereby:

1. Accepts the construction work of the 7th Street Bike Lane Improvement Project by Rapid Services LLC, dba, Rapid Grading Services, as complete,

2. Authorizes and directs the City Clerk to file the Notice of Completion with the Contra Costa County Recorder’s Office, and

3. Authorizes the City Engineer to execute and release any applicable bonds and retention.

BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the of fice of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804. *************************
I certify that the foregoing resolution was passed and adopted by the Council o f the City of Richmond at a regular meeting thereof held __________, by the following vote:

AYES:
289

Reso. No. xx-25

Page 2 of 2 ends

DocID #68600v1
NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney
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April 21, 2026

Public Works

DATE: April 21, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Darin Fitzpatrick, Assistant Deputy Director of Public
Works, Operations & Maintenance
Subject:

Purchase of K-Rails and Natural Stone Boulders from
First Vanguard Rentals & Sales, Inc. and Blue Angel
International, LLC
FINANCIAL IMPACT: The proposed expenditure of up to $450,000 per vendor for the initial three-year term, with optional one-year extensions of up to $150,000 annually for a total potential five-year amount not to exceed $750,000 per vendor, is
included within the approved Public Works Operations
and Maintenance budgets.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City requires on-call access to reinforced concrete K- Rails and natural stone boulders to support Public Works operations, including restricting unauthorized vehicle
access, protecting public infrastructure, and advancing encampment mitigation and site hardening efforts. A
competitive solicitation was conducted, resulting in three responsive proposals for consideration. City Council
authorization is required to approve the purchases of the selected vendors.

RECOMMENDED ACTION:

ADOPT a resolution to APPROVE the purchase of K-rails
and natural stone boulders for City-wide encampment
mitigation, right-of-way protection, and site hardening efforts from First Vanguard Rentals & Sales, Inc. and
Blue Angel International LLC, each for a three-year term in an amount not to exceed $450,000, with the option to extend for two additional one-year terms in an amount
not to exceed $150,000 per year, subject to city manager AGENDA
REPORT
291

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April 21, 2026
approval – Public Works Department (Daniel Chavarria
510-620-5478/ Darin Fitzpatrick 510-231-3044).

DISCUSSION:

The Public Works Department, Operations and Maintenance Division, is responsible for maintaining City infrastructure, protecting public rights-of-way, and implementing operational strategies that address encampments, illegal dumping, and unauthorized vehicle access in sensitive areas.

To support these operational needs, Public Works issued a competitive solicitation through the City’s BidsOnline procurement system for the supply and delivery of reinforced concrete K-Rails and natural stone boulders (Attachment 1). These materials are used to restrict unauthorized vehicular access, protect public infrastructure, and support site hardening projects throughout the City.

A total of 135 vendors registered within the relevant commodity categories were notified of the solicitation. At the close of the bid period, the City received three responsive proposals (Attachment 2).

Public Works staff evaluated the proposals based on the criteria outlined in the solicitation, including cost competitiveness, pricing certainty, and delivery availability (Attachments 3 and 4).

Proposal Evaluation Summary:

VENDOR COST
(80)

PRICING
(10)

DELIVERY & AVAILABILITY
(10)
TOTAL
SCORE
First
Vanguard
Rentals &
Sales, Inc.
80 6 7 93
Blue Angel
International
LLC
72 9 9 90
Phoenix
Contracting 60 7 7 74

Based on this evaluation, First Vanguard Rentals & Sales, Inc. and Blue Angel International LLC were determined to provide the most advantageous proposals and best overall value to the City (Attachment 5).

Establishing two approved vendors will provide operational flexibility and allow Public Works staff to respond quickly to site hardening and right-of-way protection needs across multiple locations throughout Richmond.

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April 21, 2026
Based on the review of the proposals and the operational needs, City staff recommend City Council adopt a resolution to approve the purchase of K-Rails and natural stone boulders from First Vanguard Rentals & Sales, Inc. and Blue Angel International LLC, each for a three-year term in an amount not to exceed $450,000, with the option to extend for two additional one-year terms in an amount not to exceed $150,000 per year, subject to City Manager Head approval (Attachment 6).

DOCUMENTS ATTACHED:

Attachment 1 – K-Rail and Boulders RFQ
Attachment 2 – Bid Summary
Attachment 3 – First Vanguard Pricing Schedule
Attachment 4 – Blue Angel International LLC Pricing Schedule Attachment 5 – Scoring Matrix
Attachment 6 – Resolution
293

K-Rails and Boulders

NOTICE INVITING BIDS

The City of Richmond Public Works Department requires the purchase of K -Rails and large boulders to support ongoing encampment abatement, right-of-way protection, and site hardening projects throughout the City. These materials are essential for restricting vehicular access to sensitive areas, improving public safety, and ensuring compliance with abatement strategies approved by City leadership. K-Rails provide durable, movable concrete barriers suitable for high-traffic and high-risk locations, while natural stone boulders (1–3 tons) offer a permanent and aesthetically compatible alternative in parks, open space, and residential buffer zones. Procuring these materials through competitive bids will ensure cost-effectiveness, quality standards, and timely delivery.

Bid Release Date: September 8, 2025
Deadline for Questions: September 17, 2025 at 5:00 pm – All questions must be submitted electronically through the City’s BidsOnline system.

Bid Due Date: September 22, 2025 at 2:00 pm – Late bids will not be accepted.

Submittal: Bids must be submitted electronically via the City’s BidsOnline system at www.ci.richmond.ca.us/bids. Oral, faxed, or emailed bids will not be accepted.

Addenda and Clarifications: Any responses to questions, changes, or clarifications will be issued exclusively through the City’s BidsOnline system as addenda. It is the responsibility of each bidder to monitor BidsOnline for addenda prior to submitting a bid.

BASIS OF AWARD

The City of Richmo nd reserves the right to award the contract in a manner that best serves the interests of the City, for a term of three (3) years with two (2) one -year options to renew at the City’s sole discretion. The City anticipates expenditures of approximately $100,000 annually for k -rails and large boulders combined. This figure is provided for informational and evaluation purposes only and does not represent a commitment by the City. Contractors shall provide unit pricing for each item. Actual quantities purchased may be more or less than the amounts used for evaluation, depending on project needs and available funding. Payment will be made based on actual units ordered and received. Award will be made to the lowest responsive and responsible bidder; however, the Ci ty reserves the right to reject any or all bids, to waive minor irregularities in any bid, and to accept the bid that is in the best interest of the City.

294

1. General Requirements

The City of Richmond Public Works Department (Operations & Mainten ance) is seeking competitive bids for the supply and delivery of 10 -foot and 20 -foot K -Rails and large boulders for use in right-of-way protection and encampment hardening.  All materials must meet industry standards for safety, durability, and load -bearing capacity.
 Pricing must include delivery to designated City job sites, with off -loading by vendor(if available).
 All items shall be new, unused, and free of defects.

2. Specifications

A. K-Rails (Concrete Barriers)
 Lengths: 10-foot and 20-foot
 Dimensions & Standards:
o Height: 32" nominal
o Width (base): 24" nominal
o Reinforced concrete construction
o Lifting/anchoring points included
o Must conform to Caltrans or equivalent state/federal highway safety standards
 Finish: Natural concrete gray or white, smooth surface, free of cracks and chips

B. Boulders (Natural Stone Barriers)
 Size Range: 1 ton (minimum) – 3 ton (maximum)
 Shape & Material: Irregular natural stone (granite, basalt, or equivalent durable material); angular preferred for stability (no smooth river rock)  Appearance: Neutral color tones (gray, brown, tan) suitable for blending into right- of-way and park environments

3. Pricing Structure (see pricing page)

Vendors must provide pricing in the following format:
 K-Rails
o Per unit cost (10-foot)
o Per unit cost (20-foot)
**Vendor to provide cost for delivery if available
 Boulders
o Cost per ton (aggregate pricing based on delivered tonnage) **Vendor to provide cost for delivery if available

4. Additional Requirements
 Lead time for delivery must be stated.
 Bidder must specify minimum order quantities, if any.

295

Pricing Page – Supply and Delivery of K-Rails and Boulders The completed pricing page must be uploaded to the BidsOnline system as part of the bid submittal. Bids that do not include the pricing page will be considered non-responsive.

Vendors must complete all sections below. Prices shall be unit prices, inclusive of all labor, materials, equipment, and incidentals necessary to furnish and deliver the specified items. Delivery costs should be shown separately if not included in the unit price.

1. K-Rails (Concrete Barriers)

Ite
m
No.

Description Unit of
Measure
Unit Price
($)
Delivery Cost
per Unit ($)*
1 10-foot K-Rail,
reinforced concrete,
Caltrans spec

Each

_________
_

__________
2 20-foot K-Rail,
reinforced concrete,
Caltrans spec

Each

_________
_

__________

2. Boulders (Natural Stone Barriers)

Ite
m
No.

Description Unit of
Measure
Unit Price
($/ton)
Delivery Cost
per Ton ($)*
3 Natural stone
boulders, 1–3 tons
each, angular
preferred

Per Ton

_________
_

__________

3. Additional Information (Vendor to Provide)

Minimum Order Quantity (if applicable): ____________________ Lead Time for Delivery: ____________________ business days from order Delivery Terms (FOB, off-loading included?): ____________________

4. Notes

All items shall be new, unused, and free of defects.

Prices shall remain firm for the contract term.
* Delivery costs: If included in unit price, indicate “Included.”

296
City of Richmond
K-Rails and Boulders, bidding on 11/05/2025 2:00 PM (PST)

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Richmond City Council
April 21, 2026