Cities Index.
Agenda

Richmond City Council
July 28, 2026

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Agenda
Meeting
July 28, 2026
Body
Richmond City Council
Pages
151
Original file
507.3 MB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

July 28, 2026
Library and Community Services
DATE: July 28, 2026
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Tetteh Kisseh, Recreation Supervisor
Subject: Contract with Danny Walker for Sports Officiating Services FINANCIAL IMPACT: The proposed not-to-exceed $55,000 expenditure is included within the approved Fiscal Year 2026–2027
Community Services–Recreation Youth Sports budget
(Account String: 01253751-400222-40A01).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Community Services - Recreation provides various youth
sports programs which require officiating services.

Recreation is requesting approval of a contract with
Danny Walker to continue providing these services on an as-needed basis.

RECOMMENDED ACTION: APPROVE a contract with Danny Walker to provide sports officiating services in an amount not to exceed
$55,000 beginning April 1, 2026, and ending on June 30, 2027 – Community Services (Tetteh Kisseh 510-620-
6512).

AGENDA
REPORT
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July 28, 2026
DISCUSSION:

Community Services - Recreation currently has a robust sports program schedule which includes the Candy Cane Classic Tournament, Volleyball, and Youth Basketball Leagues. In 2025, through a competitive bid process, Danny Walker was selected to provide officiating services and successfully provided those services through fiscal year 2026 (Attachment 1). Mr. Walker’s initial contract was valid through June 30, 2026.

However, program funding was exhausted while he continued providing services in April and May 2026, resulting in $13,150 in unpaid services. Recreation staff were unable to complete the required contract amendment before June 30, 2026, to increase the contract amount and extend the term through June 30, 2027.

Therefore, for the upcoming youth sports program season, Recreation staff is seeking City Council approval to enter into a new contract with Mr. Walker through June 30, 2027, with a not to exceed contract amount of $55,000 ($13,150 for previous services rendered and $41,850 for new services).

Selection Process and Evaluation Criteria
A three-member staff evaluation committee reviewed the applications using a quote matrix to identify the most responsible bidder and recommend a contract award. The committee evaluated each vendor’s proposed cost, experience, qualifications, availability, and ability to provide officials for the requested sports programs.

The received quotes were as follows:

Vendor Name Amount Notes
Danny Walker – Walker’s Officials $41,780 Demonstrated experience and access to qualified referees
Daniel Hughey – Mid County Official
Network
$50,516 More experience officiating other
sports; higher quote
Mark Lampkin– East Bay Basketball
Officials Association
$17,640 Available for basketball only
Abby Parra – Bay Sports Officials No Bid Available for soccer and futsal only
Upon careful review of the applications, the evaluation committee selected Danny Walker of Walker’s Officials to provide officiating services for Youth Basketball, Youth Volleyball, and the Candy Cane Classic Tournament. Walker’s Officials demonstrated the experience, reliability, and availability necessary to meet the Recreation Division’s program needs.

Danny Walker is a certified referee with several years of experience officiating and training referees on current rules, practices, and trends across multiple sports. He has successfully provided referee services for the City’s youth basketball and volleyball leagues in previous years and has consistently demonstrated professionalism and dependability.
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July 28, 2026
The diverse sports programs offered by the Community Services Department’s Recreation Division are highly popular within the community. School teams, sports clubs, and independent teams look forward to participating in these programs each year. Consistent with the City’s focus on active living, health, fitness, and wellness, organized sports provide important opportunities for youth and adults to remain active, build skills, and engage with the community. Contracting for officiating services will also support the Recreation Division’s ability to expand sports programming during evenings and weekends.

City staff is seeking City Council approval for the contract with Danny Walker to provide referee services for the Recreation’s sports programs covering the term from April 1, 2026 – June 30, 2027 (Attachment 2).

DOCUMENTS ATTACHED:

Attachment 1 – Bid review summary package
Attachment 2 – Original Contract
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Request for Quote (RFQ) Sports Officials for Participants in Recreation Sports Programs, bidding on 01/31/2025 5:00 PM (PST)

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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 Tetteh Kisseh [email protected] (510) 620-6919 14094 To provide sports officiating services.

Danny Walker 2620 Adeline St Oakland CA 94607 Danny Walker (510) 206-1667 [email protected] 40059691 April 1, 2026 June 30, 2027 55,000.00 25/26 13,150.00 26/27 41,850.00 2305

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
Danny Walker
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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]:

Danny Walker

1. Youth Basketball (2 referees per game) $140+ $300 Assignor fee

2. Youth Candy Cane Basketball Tournament (2 referees) $140+$300 Assignor fee

3. Youth Volleyball (2 Umpires) $140+$300 Assignor fee
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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.

Tetteh Kisseh Tetteh Kisseh Danny Walker
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_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Tetteh Kisseh [email protected] Danny Walker Danny Walker 2620 Adeline St Oakland CA 94607 [email protected] 2315
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Danny Walker
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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.

Danny Walker
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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 Danny Walker
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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 Danny Walker
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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 jointventure 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 subcontractors 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 Danny Walker
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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 Danny Walker
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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, Danny Walker
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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”):

Danny Walker
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EXHIBIT F

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

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

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

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

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

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

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

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Exhibit F
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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 coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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___ Exhibit F
City of Richmond - Insurance Requirements - Type 2:

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

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

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

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

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

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

SAMPLE Endorsements can be found at
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.

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 2329
___ Exhibit F
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

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July 28, 2026
Library and Community Services
DATE: July 28, 2026
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager – Community
Services
Ranjana Maharaj, Deputy Director of Community Services, Recreation Division
Jene Levine-Snipes, Development Project Manager
SUBJECT: Contract with Richmond Friends of Recreation for Youth Leadership and Workforce Development Services
FINANCIAL IMPACT: There is no impact on the General Fund. The proposed $20,000 expenditure is funded by the $255,000 California Department of Transportation Clean California Community Clean Up and Employment Program grant, which is
included within the approved Fiscal Year 2026-2027
Recreation budget.

PREVIOUS COUNCIL
ACTION:

May 26, 2026

STATEMENT OF THE
ISSUE:

City staff requests City Council approval of a sole-source contract with Richmond Friends of Recreation to provide youth leadership, job-readiness, mentorship, and workforce development services for the grant-funded Stronger
Together: Richmond Cleanup and Leadership Program.

The program combines neighborhood beautification
activities with training and employment preparation for Richmond youth.

AGENDA
REPORT
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July 28, 2026

RECOMMENDED
ACTION:

APPROVE a sole-source contract with Richmond Friends of Recreation, in an amount not to exceed $20,000, to provide leadership development and youth training for the grantfunded Stronger Together Richmond Cleanup and Leadership Program, for a term from August 1, 2026,
through December 31, 2027 – Community Services
(LaShonda White/Jene Levine Snipes 510-307-8132).

DISCUSSION
The grant-funded Stronger Together: Richmond Clean Up and Leadership Program is a coordinated community beautification and workforce development initiative designed to improve neighborhood conditions while building leadership and job readiness among Richmond youth. The program includes six dumpster day events, three volunteer community litter clean-ups, bulky-item pick-up support for seniors and individuals with disabilities, youth leadership training, and educational field trips focused on environmental services, recycling, beautification, and workforce pathways.

The City submitted the California Department of Transportation (Caltrans) grant application on October 29, 2025, and was notified of the $255,000 award on February 18, 2026. On May 26, 2026, the City Council accepted and appropriated the grant funds. The Caltrans grant agreement was fully executed on July 2, 2026. In accordance with the grant schedule, program activities will begin August 1, 2026, and all grantfunded activities must be completed no later than November 1, 2027.

The approved grant application identifies Richmond Friends of Recreation (RFOR) as the nonprofit partner responsible for youth leadership and job readiness consultant services. The grant budget allocates $20,000 to RFOR to support 20 youth participants from the Office of Neighborhood Safety Life Skills for Peace program through mentorship, workforce preparation, leadership development, and participation in community clean-up activities.

RFOR worked with the City and community partners to develop the program structure and funding strategy included in the State-approved application. Selecting a different contractor would require the City to establish new program coordination and oversight systems that were not contemplated in the approved proposal, creating unnecessary implementation, compliance, and performance risks. Based on RFOR's integral role in the grant application and its established partnership with the Recreation Division, City staff prepared a sole-source justification in accordance with Richmond Municipal Code Section 2.52.326.3
Under the proposed contract, RFOR will provide the following services:
• Job readiness and workforce development training for participating youth; • Mentorship and youth leadership development;
• Coordination with the Recreation Division and Office of Neighborhood Safety for program activities; and
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July 28, 2026
• Program documentation and reporting required for its contracted services.

Approval of the sole-source contract will allow the City and RFOR to begin program activities on schedule and deliver the youth leadership and workforce development components required by the grant. City staff recommends approval of the contract in an amount not to exceed $20,000.

DOCUMENTS ATTACHED:

Attachment 1 – Richmond Friends of Recreation Contract
Attachment 2 – Sole Source Justification to the Contract 2334

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 Jene Levine Snipes [email protected] (510) 307-8132 Provide job readiness, mentorship, workforce services to Life Skills for Peace youth for the Stronger Together: Richmond Clean Up and Leadership Program Richmond Friends of Recreation PO Box 70105 Richmond, CA 94807 Cheryl Maier (510) 932-9426 [email protected] 40049837 August 1, 2026 December 31, 2027 20,000.00 26/27 20,000.00 2335

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
Richmond Friends of Recreation
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Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT A

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

Richmond Friends of Recreation
Purpose
The purpose of this Agreement is for Richmond Friends of Recreation (RFOR) to partner with the City of Richmond and a contracted Job Readiness Consultant to implement workforce development services for youth participating in the Life Skills for Peace (LS4P) program. The Stronger Together – Richmond Clean Up and Leadership Program integrates structured job readiness training with hands-on community engagement activities in collaboration with the Office of Neighborhood Safety (ONS).

Scope of Work
A. Partnership with Consultant & ONS – Workforce Training RFOR shall contract with and oversee a qualified Job Readiness Consultant to deliver structured workforce development services in coordination with ONS. Together, RFOR, the Consultant, and ONS will:

1.) Provide job readiness workshops, including resume development, interview preparation, workplace communication, and professional conduct.

2.) Align training with leadership opportunities available through community clean-up initiatives.

3.) Coordinate outreach and youth engagement through LS4P.

4.) Ensure curriculum supports public service pathways, civic engagement, and employment readiness.

RFOR Administrative Responsibilities
RFOR shall provide fiscal oversight and contract management, including:

1.) Executing and managing the Consultant agreement.

2.) Providing timely reports of funds expended and fund balances.

3.) Tracking deliverables and maintaining documentation required for grant compliance.

4.) Coordinating with the City of Richmond and ONS to ensure alignment with the approved Stronger Together grant proposal.

5.) Submitting progress updates and supporting project completion and close-out activities.

Milestones
A.) Planning & Community Engagement: August 1, 2026 – May 1, 2027 B.) Hiring/Training Launch: May 1, 2026 – April 1, 2027 C.) Cleanup Activities Begin: August 1, 2026
D.) Project Completion: By September 1, 2027
E.) Project Close-Out: September 1, 2027 – November 1, 2027 2337
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EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

Jene Levine Snipes Jene Levine SnipesRichmond Friends of Recreation 2338
Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Jene Levine Snipes [email protected] Richmond Friends of Recreation Richmond Friends of Recreation PO Box 70105 Richmond, CA 94807 [email protected] Cheryl Maier 2339
Contract No: ________ For the Contract between the City of Richmond and
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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, Richmond Friends of Recreation
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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.

Richmond Friends of Recreation
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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 Richmond Friends of Recreation
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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 Richmond Friends of Recreation
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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 jointventure 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 subcontractors 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 Richmond Friends of Recreation
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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 Richmond Friends of Recreation
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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, Richmond Friends of Recreation
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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.

Richmond Friends of Recreation
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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”):

Richmond Friends of Recreation
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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___ Exhibit F
___ Section 8
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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

PROJECT COST REQUIRED 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. 2352
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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 nonrenewed, 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.
2353
___ 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.
2354
2355
2356
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

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

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

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
Richmond Friends of Recreation
2357
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:

Richmond Friends of Recreation
2358
Page | 1 Sole Source Form – Rev. May 12, 2016
City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions. (if additional space is needed, include them in a separate page) Richmond Friends of Recreation Cheryl Maier PO Box 70105 Richmond CA 94807 510 932-9426 [email protected] April 1, 2026- December 31, 2027 20,000.00 TBD- CCEP Grant x Provide job readiness, mentorship, workforce services to Life Skills for Peace youth for the Stronger Together: Richmond Clean Up and Leadership Program
Richmond Friends of Recreation (RFOR) is the only organization capable of receiving this sole source contract for the Stronger Together: Richmond Clean Up and Leadership Program because the project is the direct result of a collaborative grant application developed in partnership with the City of Richmond’s Community Services Department, Recreation Division, community stakeholders, and RFOR as the designated nonprofit fiscal partner. The State has approved the Stronger Together application and project proposal completed in coordination with RFOR, recognizing the program structure, fiscal oversight framework, and community partnership model outlined in the submission. RFOR partnered with the City and community to shape the funding strategy and program design. Now that funds have been awarded, RFOR will administer the grant, coordinate engagement, and ensure fiscal compliance. Its mission is to support the Recreation Department in securing and managing grants with accurate reporting and fund tracking.. Given the one-year program timeline, utilizing RFOR ensures immediate implementation, seamless coordination with community partners, and the ability to meet strict reporting and expenditure deadlines without delay. 2359
2 | Page
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) Engaging another entity would require creating new administrative structures and oversight systems not reflected in the State-approved proposal, introducing unnecessary compliance and performance risks. For these reasons, RFOR has a clear operational advantage and is the only responsible and practical entity to receive and administer this sole source award.

RFOR collaborated with the City and community partners to shape the funding strategy and administrative design of the program, and now that funds have been awarded, RFOR will continue its services to administer the grant, coordinate community engagement, and ensure full fiscal compliance consistent with the approved proposal. RFOR’s mission is specifically to partner with the Recreation Department to secure and manage grant funding, and it maintains established financial systems to provide timely and accurate reports of funds expended, detailed tracking of fund balances, and adherence to all public funding requirements. 2360
3 | Page
I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________ --------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

APPROVED: ____________________ DATE: ___/___/___
NOT APPROVED: ________________ COMMENTS:
____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval
(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements.

Community Services, Recreation Jene' Levine Snipes, Project Manager 3/10/26 Ranjana Maharaj Ranjana Maharaj Digitally signed by Ranjana Maharaj Date: 2026.03.10 14:30:17 -07'00' 3/10/26
Emily
Combs
Digitally signed
by Emily Combs
Date: 2026.03.13
13:58:07 -07'00'
2361

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July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez and Vice Mayor Doria Robinson
Subject: Proclamation Honoring the Life and Legacy of Joe Lee Fisher Sr.

FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Joe Lee Fisher Sr. dedicated his life to serving the
Richmond community through business leadership,
journalism, neighborhood advocacy, mentorship, and
public service. The City of Richmond honors his lifelong commitment to empowering residents, preserving local
history, promoting economic opportunity, and
strengthening the community through decades of civic
engagement.

RECOMMENDED ACTION: PROCLAMATION honoring the life and legacy of Joe Lee Fisher Sr. and recognizing his extraordinary contributions to the City of Richmond – Mayor Eduardo Martinez (510-
620-6503) and Vice Mayor Doria Robinson (510-620-
6568).

DISCUSSION: Joe Lee Fisher Sr. devoted more than seven decades to strengthening the Richmond community through entrepreneurship, civic leadership, journalism, and AGENDA
REPORT
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July 28, 2026
neighborhood service. After moving to Richmond with his family in 1944, he built a life centered on creating opportunities for others while contributing to the City's economic and social development.

As a successful small business owner, Joe operated multiple barber shops, a clothing store, and a real estate business that helped many Richmond families achieve homeownership and build generational wealth. His commitment to economic empowerment created opportunities for residents and supported the vitality of local businesses.

Through his work as associate publisher of the Richmond Post, Joe celebrated community leaders, documented Richmond's history, highlighted neighborhood achievements, and amplified the voices of organizations and individuals working to improve the city. He also dedicated countless hours to neighborhood advocacy through the Coronado Neighborhood Council, public safety initiatives, National Night Out events, and efforts to advance civic participation and representation.

Known affectionately as "Papa Joe," he was a respected mentor, historian, and man of faith whose generosity, wisdom, and encouragement touched generations of Richmond residents. His legacy lives on through the businesses he built, the families he helped, the history he preserved, and the lasting impact he made on the civic, economic, spiritual, and cultural life of Richmond.

DOCUMENTS ATTACHED:

ATTACHMENT 1 – Proclamation Honoring the Life and Legacy of Joe Lee Fisher Sr. 2363
Mayor Eduardo Martinez Vice Mayor Doria Robinson
City of Richmond District 3
July 28, 2026 City of Richmond
Proclamation Honoring the Life and Legacy of Joe Lee Fisher Sr.

WHEREAS, Mr. Joe Lee Fisher Sr. was a respected businessman, community advocate, spiritual leader, mentor, and longtime Richmond resident whose life reflected a deep commitment to service, opportunity, and community empowerment; and WHEREAS, born in Jackson, Mississippi, in 1943, Mr. Fisher moved to Richmond with his family in 1944, attended Richmond High School, Contra Costa College, and Moler Barber College, and built a lifetime of service in the city he called home; and WHEREAS, Joe owned several businesses, including three barber shops along Macdonald Avenue, Les and Joe’s clothing store, and Fisher Realtors, through which he helped residents pursue homeownership and build generational wealth; and WHEREAS, as associate publisher of the Richmond Post, Joe celebrated local leaders, promoted community organizations, preserved Richmond’s history, and elevated those working to improve the city; and
WHEREAS, Joe served for many years with the Coronado Neighborhood Council and contributed to neighborhood improvement efforts, public safety initiatives, National Night Out celebrations, and the advancement of Black political representation in Richmond; and
WHEREAS, affectionately known as "Papa Joe," Joe Lee Fisher Sr. was a respected mentor, historian, businessman, and man of faith whose generosity, wisdom, and encouragement touched generations of Richmond residents, leaving a lasting legacy on the civic, economic, spiritual, and cultural life of the City; NOW, THEREFORE, BE IT RESOLVED, I, Eduardo Martinez, Mayor of the City of Richmond, on behalf of the Richmond City Council, do hereby honor and celebrate the life and legacy of Joe Lee Fisher Sr. and encourage all residents to reflect upon and celebrate his extraordinary contributions to the City of Richmond, whose enduring legacy of service, leadership, and community building will continue to inspire future generations. 2364

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July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Proclamation recognizing the Richmond Pow Wow
FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

September 2025

STATEMENT OF THE
ISSUE:

This agenda item seeks City Council approval of a
proclamation recognizing the Richmond Pow Wow and
celebrating the cultures, traditions, and contributions of Indigenous Peoples. The proclamation acknowledges the
importance of honoring Indigenous heritage, promoting
cultural understanding, and recognizing the significance of the Pow Wow as a community celebration of tradition, resilience, and unity.

RECOMMENDED ACTION: PROCLAMATION recognizing the Richmond Pow Wow and honoring the enduring cultures, histories, and
contributions of Indigenous Peoples – Mayor Eduardo
Martinez (510-620-6503) / Councilmember Cesar Zepeda
(510-620-6593)
DISCUSSION: Pow Wows are intertribal gatherings that bring together Indigenous communities to celebrate culture, heritage, and tradition through dance, music, AGENDA
REPORT
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July 28, 2026
storytelling, art, food, and fellowship. While rooted in the customs of many Native Nations, modern Pow Wows also provide opportunities for education, cultural exchange, and community engagement.

The City of Richmond acknowledges that it is located on the ancestral and unceded homeland of the Huchiun Band of the Ohlone people. Recognizing Indigenous history and supporting cultural celebrations such as the Richmond Pow Wow reflects the City's commitment to honoring the first peoples of this region and promoting respect for Indigenous cultures and traditions.

The Richmond Pow Wow provides residents and visitors with an opportunity to experience Indigenous traditions, learn about Native history, and celebrate the diversity and resilience of Indigenous communities. The event fosters cultural appreciation, strengthens community connections, and promotes dialogue that advances mutual understanding and respect.

By recognizing the Richmond Pow Wow, the City reaffirms its commitment to celebrating cultural diversity, acknowledging Indigenous contributions past and present, and supporting events that bring the community together through education, cultural expression, and shared experiences.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation Recognizing the Richmond Pow Wow 2366
Mayor Eduardo Martinez
City of Richmond
July 28, 2026
Proclamation Recognizing the Richmond Pow Wow
WHEREAS, the Richmond Pow Wow is an annual intertribal gathering that brings together Indigenous communities and the broader public to celebrate the rich cultures, traditions, histories, and resilience of Native peoples through dance, music, drumming, art, storytelling, and fellowship; and WHEREAS, the City of Richmond acknowledges that it is located on the ancestral and unceded homeland of the Huchiun Band of the Ohlone people and recognizes the importance of honoring the first peoples of this region and their enduring connection to these lands; and
WHEREAS, the Richmond Pow Wow provides an opportunity for residents and visitors to learn about Indigenous cultures, strengthen community relationships, and promote respect, understanding, and appreciation for the diversity of Native Nations; and
WHEREAS, the Pow Wow celebrates the enduring traditions and contributions of Indigenous Peoples while creating a welcoming space that fosters cultural exchange, education, unity, and community engagement for people of all backgrounds; and
WHEREAS, the City of Richmond is committed to recognizing Indigenous heritage, supporting cultural preservation, and celebrating events that reflect the diversity, history, and strength of our community;
NOW, THEREFORE, BE IT RESOLVED, that I, Eduardo Martinez, Mayor of the City of Richmond, on behalf of the Richmond City Council, do hereby recognize the Richmond Pow Wow and honor the enduring cultures, histories, traditions, and contributions of Indigenous Peoples while extending our appreciation to the organizers, participants, Tribal communities, volunteers, and all who make this meaningful community celebration possible. 2367

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July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez and Councilmember Cesar Zepeda
Subject: Proclamation Recognizing August 26, 2026, as Women's Equality Day)
FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

August 26, 2025

STATEMENT OF THE
ISSUE:

August 26 marks the annual national observance of
Women's Equality Day, commemorating the certification
of the Nineteenth Amendment to the United States
Constitution in 1920, which granted many women the
right to vote. The observance honors the achievements
of the women's suffrage movement while recognizing the
ongoing pursuit of gender equality and equal opportunity.

RECOMMENDED ACTION: PROCLAMATION recognizing August 26, 2026, as Women's Equality Day, honoring the achievements of the
women's suffrage movement and reaffirming the City's
commitment to advancing equity, inclusion, and
opportunity for women and girls – Mayor Eduardo
Martinez (510-620-6503) / Councilmember Cesar Zepeda
(510-620-6593).

DISCUSSION: Women's Equality Day is observed annually on August 26 to commemorate the certification of the Nineteenth Amendment to the United States AGENDA
REPORT
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July 28, 2026
Constitution in 1920, which granted many women the right to vote after decades of advocacy by the women's suffrage movement. Although the amendment represented a landmark achievement, many women of color continued to face discriminatory barriers to voting until the passage of the Voting Rights Act of 1965.

In 1971, Representative Bella Abzug introduced a resolution establishing Women's Equality Day, and Congress formally designated August 26 as the annual observance in 1973. Since then, the day has served as an opportunity to celebrate the accomplishments of women while recognizing the continued work toward achieving gender equity in civic participation, education, employment, healthcare, and leadership.

The City of Richmond recognizes the many contributions women have made to the community through public service, education, business, healthcare, labor, arts, culture, and civic leadership. Richmond also supports opportunities that empower women and girls and promote equal access to leadership, economic opportunity, and civic engagement.

Women's Equality Day serves as a reminder of the progress achieved through generations of advocacy while reaffirming the City's commitment to fostering an inclusive community where all individuals have the opportunity to thrive regardless of gender.

DOCUMENTS ATTACHED:

Attachment 1 – Women's Equality Day Proclamation
2369
______________________________
Vice Mayor Cesar Zepeda
District 2
___________________________
Mayor Eduardo Martinez
City of Richmond
July 28, 2026
Recognizing Women's Equality Day
August 26, 2026
WHEREAS, Congress has designated August 26, the date the Nineteenth Amendment to the United States Constitution was certified in 1920, as Women's Equality Day. This observance commemorates the extension of voting rights to women and celebrates the achievements of women throughout history while recognizing the ongoing pursuit of gender equality; and WHEREAS, although the Nineteenth Amendment marked a historic milestone, many women of color continued to face barriers to voting until the passage of the Voting Rights Act of 1965.

Women from diverse racial, cultural, and religious backgrounds played essential roles in advancing the movement for equal rights and expanding democratic participation; and WHEREAS, the 1970 Women's Strike for Equality, held on the fiftieth anniversary of the Nineteenth Amendment, brought national attention to the continued fight for equal opportunity in employment, education, childcare, and political representation, helping pave the way for the formal establishment of Women's Equality Day; and
WHEREAS, the City of Richmond recognizes the invaluable contributions of women who have strengthened our community through leadership in public service, education, healthcare, business, labor, arts, culture, environmental stewardship, and civic engagement, enriching the City's history and shaping its future; and
WHEREAS, Richmond also celebrates Women's Equality Day through community events and initiatives that uplift and empower women and girls, including the City's annual Sisters in Solidarity / Hermanas en Solidaridad celebration, which brings residents together to recognize women's achievements and promote equity, inclusion, and opportunity for all; NOW, THEREFORE BE IT RESOLVED, that I, Mayor Eduardo Martinez, and the Richmond City Council do hereby formally recognize August 26, 2026, as Women's Equality Day in the City of Richmond and encourage all residents to honor the achievements of women, reflect on the progress made toward gender equality, and continue working together to build a community where every woman and girl has the opportunity to thrive. 2370

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July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Boards and Commissions Vacancies Report
FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

May 26, 2026
June 23, 2026

STATEMENT OF THE
ISSUE:

Several of Richmond’s boards, commissions and
committees have vacant seats. Residents that are
interested in serving on a board, commission, or
committee are invited to submit their applications to the Richmond City Clerk.

RECOMMENDED ACTION: ACKNOWLEDGE vacancies on City of Richmond Boards, Commissions, and Committees as of July 28,
2026, and ask that interested individuals send
applications to the City Clerk – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

DISCUSSION:

The City of Richmond enjoys a long history of community involvement. Through a variety of volunteer boards, commissions, and committees, Richmond residents play an AGENDA
REPORT
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July 28, 2026
important role in advising the Mayor, City Council, and City staff on important public policy issues.

Vacancies on City of Richmond Boards, Commissions, and Committees The mayor is seeking applicants for the following boards, commissions, and committees:
- Arts and Culture Commission
- Community Crisis Response Program Advisory Board
- Design Review Board
- ECIA Grant Review Ad Hoc Committee
- ECIA Transportation Oversight Committee
- Economic Development Commission
- Housing Advisory Commission
- Human Relations Commission
- Macdonald Avenue Corridor Task Force
- Recreation and Parks Commission
- Richmond-Shimada Friendship Commission
- Richmond Youth Council
- Richmond-Zhoushan Friendship Commission
- Urban Forest Advisory Committee
- Workforce Development Board
Residents can learn more details about each board/commission/committee and apply for a vacant seat by contacting the Richmond City Clerk or visiting the Richmond City Clerk’s website: http://www.ci.richmond.ca.us/256/Boards-and-Commissions.

DOCUMENTS ATTACHED:

Attachment 1 – July 2026 Boards, Commissions, and Committees Vacancies_Mayor Appointments_Updated
Attachment 2 – July 2026 Boards, Commissions, and Committees Vacancies_Councilmember and Staff Appointments
2372

BOARD/COMMISSION

YEARS PER
TERM

LIMIT OF

CONSECUTIVE
TERMS
# OF SERVING

COMMISSIONERS
# OF

VACANCIES
TOTAL # OF
SEATS
Arts and Culture Commission 4 2 9 6 15
Black Resiliency Project
Community Advisory Committee* 1 N/A 0 1 1
Commission on Aging 4 N/A 13 0 13
Community Crisis Response
Program Advisory Board 3 N/A 9 4 13
Community Police Review
Commission 3 3 8 1 9
Contra Costa County Advisory
Council on Aging - Richmond
seat 2 N/A 1 0 1
Contra Costa Mosquito & Vector
Control Board Contra Costa
County Area Advisory Council on
Aging- Richmond seat 2 - 4 N/A 1 0 1
Design Review Board 2 4 5 2 7
ECIA Grant Review Ad Hoc
Committee 2 N/A 3 2 5
ECIA Transportation Oversight
Committee 3 3 1 4 5
Economic Development
Commission 3 3 8 7 15
Historic Preservation
Commission 4 4 7 0 7
Housing Advisory Commission 2 N/A 2 5 7
Human Relations Commission 3 3 7 2 9
Library Commission 3 2 5 0 5
Macdonald Avenue Corridor Task
Force N/A N/A 6 4 10
Planning Commission 2 4 6 1 7
Recreation and Parks
Commission 3 3 7 2 9
Richmond Fund Children Youth
Oversight Board** 1 - 2 N/A 3 0 3
Richmond Rent Board 2 4 5 0 5
Richmond-Shimada Friendship
Commission 3 3 6 5 11
Richmond Youth Council 1 N/A 8 3 11
Richmond-Zhoushan Friendship
Commission 2 N/A 6 5 11
Urban Forest Advisory
Committee 3 3 8 3 11
Workforce Development Board*** 4 N/A 12 27 39
Updated as of 7/27/26
City of Richmond, Boards, Commissions, and Committees Vacancies July 2026
(Mayor Appointments)
*Black Resiliency Project Community Advisory Committee - Mayor can recommend one member **Richmond Fund Children Youth Oversight Board - Mayor of Richmond shall appoint three City residents as members ***Workforce Development Board - Appointments are considered and approved based on recommendations from the Workforce Development Executive Committee
For more information, visit: www.ci.richmond.ca.us/256/Boards-and-Commissions 2373

BOARD/COMMISSION

YEARS PER
TERM

LIMIT OF

CONSECUTIVE
TERMS
# OF SERVING

COMMISSIONERS
# OF

VACANCIES
TOTAL # OF
SEATS
Black Resiliency Project
Community Advisory Committee* 1 N/A 0 10 10
Richmond Fund Children Youth
Oversight Board** 1 - 2 N/A 4 8 12
Updated as of 7/27/26
City of Richmond, Boards, Commissions, and Committees Vacancies July 2026
(Councilmember and Staff Appointments)
*Black Resiliency Project Community Advisory Committee - Each councilmember can recommend one (1) member; and City staff, in collaboration with the Council-appointed Black Resiliency Project Ad Hoc Committee, will recommend two (2) members; the appointed committee will then also appoint two (2) members
**Richmond Fund Children Youth Oversight Board - Each member of the Richmond City Council shall appoint two (2) City residents as members — one over 24 years old, and one who is 15 to 24 years of age For more information, visit: www.ci.richmond.ca.us/256/Boards-and-Commissions 2374

Page 1 of 2 ends

July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Appointment of Cristal Banagan to the Black Resiliency Project Community Advisory Committee
FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Cristal Banagan is applying to serve on the Black
Resiliency Project Community Advisory Committee.

RECOMMENDED ACTION: APPOINT Cristal Banagan to the Black Resiliency Project Community Advisory Committee to a vacant seat
with a new term ending July 27, 2027 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Cristal Banagan is recommended by Mayor Eduardo Martinez to be appointed as a member to the Black Resiliency Project Community Advisory Committee. She is a community-focused educator and entrepreneur who is passionate about transparency, equity, and uplifting the voices of underserved communities in Richmond. With experience working alongside both public officials and community members, she is AGENDA
REPORT
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July 28, 2026
committed to advancing opportunities and equity within the Black community. She is especially passionate about youth, education, literacy, higher learning, wellness, and community development. Cristal holds a B.A. in Education and a Master of Business Administration in Innovation and Entrepreneurship, bringing both educational and leadership experience to her work and advocacy.

DOCUMENTS ATTACHED:

Attachment 1 – Cristal Banagan’s redacted application
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July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez and Councilmember Bana
Subject: Appointment of Daniel-Charles Ogar to the Black Resiliency Project Community Advisory Committee
FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Daniel-Charles Ogar is applying to serve on the Black
Resiliency Project Community Advisory Committee.

RECOMMENDED ACTION: APPOINT Daniel-Charles Ogar to the Black Resiliency Project Community Advisory Committee to a vacant seat
with a new term ending July 27, 2027 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503 /
Councilmember Soheila Bana 510-620-6743).

DISCUSSION:

Daniel-Charles Ogar is recommended by Councilmember Soheila Bana to be appointed as a member of the Black Resiliency Project Community Advisory Committee.

AGENDA
REPORT
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July 28, 2026
Councilmember Bana believes Daniel is passionate about helping the community and would be a great voice to the committee.

DOCUMENTS ATTACHED:

Attachment 1 – Daniel-Charles Ogar’s redacted application 2379
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Page 1 of 2 ends

July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez and Vice Mayor Robinson
Subject: Appointment of Shonta Bingham to the Black Resiliency Project Community Advisory Committee
FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Shonta Bingham is applying to serve on the Black
Resiliency Project Community Advisory Committee.

RECOMMENDED ACTION: APPOINT Shonta Bingham to the Black Resiliency Project Community Advisory Committee to a vacant seat
with a new term ending July 27, 2027 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503/Vice Mayor
Doria Robinson 510-620-6568).

DISCUSSION:

Shonta Bingham is recommended by Vice Mayor Doria Robinson to be appointed as a member to the Black Resiliency Project Community Advisory Committee. Mrs. Bingham brings essential expertise gained from years of working professionally with Richmond youth involved in the criminal justice system. Their own lived experience as a longtime AGENDA
REPORT
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July 28, 2026
Richmond resident gives them valuable insight into the distinct challenges and opportunities facing African American youth, adults, and families, enabling her to offer informed and practical recommendations on how to guide resources to address generations of disproportionate negative impacts.

Mrs. Bingham has demonstrated a deep interest in to both physical and mental health, youth engagement, and ensuring Black families are aware of resources available to help overcome systemic barriers. As a retiree, they are ready to devote their time and energy to serving the community they have called home for over 40 years. Mrs.

Bingham will be a great asset to the Black Resiliency Project and District 3.

DOCUMENTS ATTACHED:

Attachment 1 – Shonta Bingham’s redacted application
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Page 1 of 2 ends

July 28, 2026
Mayor's Office
DATE: July 28, 2026
TO: Members of the City Council
FROM: Mayor Martinez
Subject: Appointment of Samuel Littlefield to the ECIA
Transportation Oversight Committee
FINANCIAL IMPACT: There is no financial impact associated with this item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Samuel Littlefield is applying to serve on the ECIA
Transportation Oversight Committee.

RECOMMENDED ACTION: APPOINT Samuel Littlefield to the ECIA Transportation Oversight Committee to a vacant seat with a new term
ending July 25, 2029 – Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).

DISCUSSION:

Samuel Littlefield is being recommended for appointment to the ECIA Transportation Oversight Committee. He is a relatively new resident of Richmond who is interested in AGENDA
REPORT
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July 28, 2026
getting involved in improving his community and city. With a long-standing interest in public transportation, he hopes to contribute to enhancing the physical experience and accessibility of the city for its residents.

DOCUMENTS ATTACHED:

Attachment 1 – Samuel Littlefield’s Redacted Application 2385
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Page 1 of 3 ends

July 28, 2026
Police Department
DATE: July 28, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Timothy Simmons, Chief of Police
Matthew Stonebraker, Police Captain
Subject: Authorization for Temporary Housing of Police Academy Recruits to Participate in South Bay Regional Public
Safety Training Consortium
FINANCIAL IMPACT: The proposed expenditure of up to $31,236.13 will provide temporary lodging for two Police Recruit
Trainees. The California Commission on Peace Officer
Standards and Training (POST) is expected to reimburse
up to $27,000 of the lodging cost, subject to applicable eligibility and documentation requirements. After
reimbursement, the estimated net cost to the City is
$2,236.13, plus a $2,000 contingency. Sufficient funding is included in the approved Fiscal Year 2026–2027 Police Department budget (Account String: 01191021-400243).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Police Department has qualified recruits
ready to begin academy training, but limited availability at regional police academies could delay hiring and
increase the risk of losing candidates to other agencies.

City Council approval is needed to authorize use of the South Bay Regional Public Safety Training Consortium
Police Academy and related temporary lodging so
recruits can begin training promptly and have the support needed to complete the academy successfully.

AGENDA
REPORT
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Page 2 of 3 ends

July 28, 2026
RECOMMENDED ACTION: AUTHORIZE the temporary housing of two (2) Richmond Police Department Police Recruit Trainees from August
23, 2026, through February 19, 2027, while they attend
the South Bay Regional Public Safety Training Academy,
in amount not to exceed $31,236.13, which includes a
$2,000 contingency – Police Department (Chief Tim
Simmons 510-621-1802/Captain Matthew Stonebraker
510-621-1204).

DISCUSSION:

Recruiting and retaining qualified police officer candidates remains a priority for the Richmond Police Department. The Department has qualified recruits who are ready to begin academy training, but available seats at regional police academies are limited and often fill months in advance. The Department has already committed four recruits to the next Contra Costa County Sheriff’s Academy class beginning September 14, 2026, leaving limited capacity for additional recruits.

Waiting for future academy openings could delay hiring and increase the risk of losing qualified candidates to other law enforcement agencies. Using the South Bay Regional Public Safety Training Consortium Police Academy will allow the Department to place additional recruits in an available academy class and begin training without unnecessary delay. It will also provide greater flexibility by reducing the Department’s reliance on a single regional academy.

Police academy training requires long days of classroom instruction, physical fitness training, defensive tactics, firearms training, scenario-based exercises, and study outside academy hours. Providing temporary lodging near the academy will reduce lengthy daily commutes, minimize fatigue, support recruit wellness, and improve the likelihood of successful academy completion.

The Department evaluated the following temporary lodging options near the academy:

Housing Evaluation
After evaluating cost, reliability, flexibility, and suitability for an extended academy assignment, the Department recommends the Residence Inn by Marriott – San Jose South. The Residence Inn is the lowest-cost option evaluated and provides a professionally managed extended-stay environment.

Housing Option Estimated Cost
1 Residence Inn by Marriott – San Jose South $29,236.13 2 Airbnb, two-bedroom house $29,450.69
3 Hyatt House Santa Clara $43,104.60
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Page 3 of 3 ends

July 28, 2026
The two recruits will share one two-bedroom suite. Each recruit will have a separate bedroom and will share the kitchen, living area, and other common spaces. The estimated cost of $29,236.13 reflects the total lodging cost for both recruits during the 180-day academy period.

The suite includes kitchen facilities, Wi-Fi, housekeeping services, and access to on-site laundry, complimentary breakfast, and 24-hour hotel staff. These accommodations will allow the recruits to focus on academy training while reducing concerns related to shortterm rental availability, property maintenance, or cancellations.

Financial Impact
The California Commission on Peace Officer Standards and Training provides lodging reimbursement of up to $75 per day per eligible recruit attending an approved academy.

For two recruits attending the South Bay Regional Public Safety Training Consortium Police Academy from August 23, 2026, through February 19, 2027, the estimated financial impact is as follows:

Description Amount
Residence Inn lodging cost $29,236.13
Less: POST reimbursement, 180 days × $75 × two recruits ($27,000.00) Estimated net City cost $2,236.13
The Department will pay the lodging cost and seek reimbursement from the California Commission on Peace Officer Standards and Training, subject to applicable eligibility and documentation requirements. The reimbursement is expected to offset most of the cost, resulting in an estimated net City expense of $2,236.13.

City staff recommend that the City Council authorize temporary lodging for two Richmond Police Department recruit trainees from August 23, 2026, through February 19, 2027, while they attend the South Bay Regional Public Safety Training Academy, in an amount not to exceed $31,236.13, including a $2,000 contingency.

DOCUMENTS ATTACHED:

Attachment 1 – Quotes
Attachment 2 – POST Training Reimbursement Request, Frequently Asked Questions 2389
2390
2391
2392
2393
2394
2395
2396
2397
2398
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Page 1 of 2 ends

July 28, 2026
Police Department
DATE: July 28, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Timothy Simmons, Chief of Police
Subject: Accept and Appropriate the Department of California Highway Patrol Cannabis Tax Fund Grant
FINANCIAL IMPACT: The proposed $204,505.47 expenditure is funded by the California Highway Patrol Cannabis Tax Fund Grant
Program. The budget for the Police Department will be
increased by $204,505.47, and the Police Department
grant revenue account will be increased by $204,505.47.

There is no net change to the budget.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Police Department has been awarded
$204,505.47 through the California Highway Patrol’s
Cannabis Tax Fund Grant Program to support trafficsafety enforcement and education. City Council action is needed to accept and appropriate the grant funds for
efforts addressing impaired driving, speeding, distracted driving, and related risks to drivers, cyclists, and
pedestrians.

RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE $204,505.47 of reimbursable grant funds from the
Department of California Highway Patrol Cannabis Tax
Fund Grant Program to reduce and mitigate the impacts
of impaired driving within the community, and
AUTHORIZE the City Manager or their designee to
execute all necessary documentation - Police
Department (Chief Timothy Simmons 510-621-1802).

AGENDA
REPORT
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Page 2 of 2 ends

July 28, 2026
DISCUSSION:

Background and Purpose
The City of Richmond – Richmond Police Department (RPD) has been identified as a grantee for the California Highway Patrol (CHP), Cannabis Tax Fund Grant Program (CTFGP), with an allocation of $204,505.47 (Attachment 1). This grant is specifically intended to support the Richmond Police Department’s efforts to reduce and mitigate the impacts of impaired driving within the community. The scope includes addressing issues related to alcohol, drugs, speeding, and distracted driving, all of which directly affect the safety of drivers, cyclists, and pedestrians.

Community Impact
Acceptance of these funds will enable the Police Department to implement best practice strategies in enforcement operations, increase high-visibility patrols, and leverage media outreach as a deterrent. These actions are expected to enhance public safety and reduce incidents of impaired driving, thereby protecting residents and visitors throughout Richmond.

Compliance and Oversight
The grant requires the City Council to hold a public meeting to consider the Police Chief’s funding request. The City will abide by all terms and conditions set forth by the California Highway Patrol, ensuring that grant funds are used exclusively for their intended purpose and not to supplant existing expenditures. The City Manager will establish appropriate accounting codes for fund management, and the Police Department Accountant will submit all required reports and summaries to maintain compliance with state law (Attachment 3).

Recommendation
The RPD staff recommend that the City Council adopt the resolution to accept and appropriate the $204,505.47 in reimbursable CTFGP grant funds, and authorize the City Manager, or their designee, to execute all necessary documentation (Attachment 4).

Doing so will reinforce Richmond’s commitment to public safety, provide critical resources for impaired driving prevention, and ensure transparent stewardship of state funds.

DOCUMENTS ATTACHED:

Attachment 1 – CHP Letterhead
Attachment 2 – Grant Award Signature Page
Attachment 3 – Quick Reference Guide
Attachment 4 – Resolution
2402
State of California-Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 30, 2026
File No.: 060.17344.19741
Lieutenant Daniel Reina
Richmond Police Department
1701 Regatta Boulevard
Richmond, CA 94804
Dear Lieutenant Reina:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Richmond Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $204,505.47. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

All grant awards, including any adjustments to requested funding, were made by the Department based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
For/
M. W. HEADRICK, Chief
Enforcement and Planning Division
2403
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Department of California Highway Patrol
Cannabis Tax Fund Grant Program
Quick-Reference
Guide

07.01.26 CANNABIS GRANTS UNIT
2405
Table of Contents
IMPORTANT DATES..................................................................................................... 3 QUARTERLY REPORTING .......................................................................................... 4 Performance Plan & Achievements............................................................................ 4 REIMBURSEMENT REQUESTS................................................................................... 5 Expenses and Budget Categories.............................................................................. 5 Personnel .................................................................................................................. 5 Travel ........................................................................................................................ 7 Equipment ................................................................................................................. 9 Consultants/Contracts ............................................................................................. 10 Other Direct Costs ................................................................................................... 11 EDUCATION AND OUTREACH.................................................................................. 11 Education Events and Presentations........................................................................ 11 Outreach Materials and Advertising ......................................................................... 12 MODIFICATIONS........................................................................................................ 12 Budget Modification Request................................................................................... 12 Project Contact Change Request............................................................................. 13 PROJECT PERFORMANCE REVIEW........................................................................ 13 Monitoring/Site Visits ............................................................................................... 13 CLOSEOUT................................................................................................................. 14 Achievements and Expenses .................................................................................. 14 AUDITING ................................................................................................................... 14 Requirements & Principles ...................................................................................... 14 2406
3 Quick-Reference Guide
This Quick-Reference Guide was developed to provide the California Highway Patrol’s (CHP), Cannabis Grants Unit (CGU), Cannabis Tax Fund Grant Program (CTFGP) Grantees, with grant program guidance. It is not intended to replace the Terms & Conditions in your Grant Agreement, or any rules established in the program regulations. All items contained in this Quick-Reference Guide are subject to change.

Please be sure to read California Code of Regulations (CCR) (Title 13, Division 2, Chapter 13) posted on the CHP’s website to ensure successful participation in the program.

IMPORTANT DATES

ONE YEAR PROJECTS
FY26-27 Quarterly Reporting and Reimbursement Request Due Dates

TWO YEAR PROJECTS
FY26-28 Quarterly Reporting and Reimbursement Request Due Dates Quarter Reporting Period Due Date
Y1 Q1 July 1 – September 30 October 14, 2026
Y1 Q2 October 1 – December 31 January 14, 2027
Y1 Q3 January 1 – March 31 April 14, 2027
Y1 Q4 April 1 – June 30 July 14, 2027
Y2 Q1 July 1 – September 30 October 14, 2027
Y2 Q2 October 1 – December 31 January 14, 2028
Y2 Q3 January 1 – March 31 April 14, 2028
Y2 Q4/Closeout April 1 – June 30 August 31, 2028
Quarter Reporting Period Due Date
Q1 July 1 – September 30 October 14, 2026
Q2 October 1 – December 31 January 14, 2027
Q3 January 1 – March 31 April 14, 2027
Q4/Closeout April 1 – June 30 August 31, 2027
2407
Performance Plan & Achievements
Grantees are required to report quarterly on achieved Project goals and activities (referred to as Achievements within the Performance Plan in the Grant Management System) that occurred during the Reporting Period. If you are not submitting Achievements and/or Expenses during any Reporting Period, a Project Status is still required (ex: Q1 – Project Status). The Project Status provides an opportunity to tell a story about the Project as a whole, including success stories, obstacles faced, and future plans (do not repeat stats from other Achievements).

Please only report on grant-funded Project activities in your current Project.

Grantees will utilize the Grant Management System (GMS = AmpliFund) to submit all quarterly Achievements by the due dates listed in this guide under “Importance Dates”. Please contact your Grant Administrator if a deadline cannot be met. CGU reserves the right to request additional information, as needed. CGU may request the following information:

Individual Project Activity Updates
• Progress
• Completed tasks
• Additional details
Required Project Status Updates
Q1-Q3 – Project Status
• Success stories
• Obstacles faced
• Future plans
Q4 – Project Status/Closeout
• Summary of completed Project
• Success Stories
• Obstacles faced
• Project goals/activities not accomplished
• Justification for unspent grant funds
Training
• Course name
• Location
• Date(s)
• Organization/Agency or entity
providing training
• Roster/Certification of Completion(s), if
applicable
• Clarification/justification of hours
DUI Saturation Patrol (SP)/Checkpoint (C)
• Number of patrols (SP)
• Number of cars through (C)
• Number of stops (SP)
• Number of SFST (SP/C)
• Number of DUI/DUID Arrests (SP/C)
• Number of citations/warnings (SP)
• Number of cars screened (C)
Education and Outreach
• Event/Presentation name
• Location (in-person or virtual)
• Event/Presentation dates (must be
within Project Performance Period)
• Agenda/Topics covered
• Attendance list/number of attendees
• Photos of event, presentation,
and/or outreach materials
Crime Lab/Coroner’s Testing
• Statistical information
• Advances in Testing
• Progress in reducing turnaround time
• Number of impaired driving deaths
• Drug Trends
4 Quick-Reference Guide

QUARTERLY REPORTING
2408
Expenses and Budget Categories
Reimbursement Requests shall not be submitted until a Grant Agreement is fully executed. A Grant Agreement is deemed fully executed when an electronically signed Grant Agreement, approved Board Resolution, and completed FI$Cal Form are on file with CGU. Once Executed, a Grant Administrator will be assigned to your Organization/Agency.

Payments are issued on a reimbursement-basis only, and payment advances are not allowed.

Grantees shall submit Reimbursement Requests on a quarterly basis for approved achievements and expenses relating to the Project goals and activities that occurred during the Reporting Period through the GMS. Budget Categories for requesting reimbursement may include Personnel, Travel, Equipment, Consultants/Contracts, and/or Other Direct Costs.

In the GMS, Grantees will create one Expense line item per Project activity. Do not split one Project activity across multiple Expense line items. Reimbursement Requests must be submitted by an authorized contact of the Organization/Agency. It is the responsibility of the authorized contact to verify:
• All Reimbursement Requests are eligible.
• Amounts do not exceed the budget line-item totals.
• Expense line-items are posted to the correct Budget Category and Budget line-item. • Supporting documentation is attached and uploaded to each Expense line item.

Please allow enough time for the Grant Administrator to review the submitted information to ensure a Reimbursement Request is submitted by the due date. CGU reserves the right to request additional information, as needed.

Note: Reimbursement Requests, consisting of Expense line-items (Budget), Achievements (Performance Plans) and supporting documentation are due within 14 calendar days of the due dates, with the exception of the fourth quarter, which is due within 60 calendar days of the due date. All due dates can be found under “Important Dates”. Please contact your Grant Administrator if a deadline cannot be met.

CGU reserves the right to withhold approving and/or processing Reimbursement Requests if the Grantee is, at any time, not adhering to the statutes or regulations governing the grant program, and if the Grantee has any outstanding supporting documentation, Achievements, or Project closeouts.

Personnel
Personnel costs include direct compensation for budgeted staff time and benefits for grantfunded activities. Services must be rendered within the Project Performance Period to receive reimbursement.

Budgeted Staff Time
Budgeted staff time costs may include staff time worked beyond the normal established work 5 Quick-Reference Guide

REIMBURSEMENT REQUESTS
2409
6 Quick-Reference Guide
schedule for all employees. Overtime is reimbursable at a higher than normal rate of pay, in accordance with the Grantee’s established overtime policy.

Personnel/administrative costs shall be consistent with prevailing wages for contractual services or the organizational salary scale for staff.

Backfill
Backfill costs may include an overtime rate for budgeted staff time for a qualified person to replace an employee attending a training course (ex: Drug Recognition Evaluator (DRE) Training). Training course must be specified in the Grant Agreement and approved by CGU prior to staff attending the course(s). Backfill is not to be used to pay the personnel costs for an officer attending a training/conference. It is to be used to pay the overtime necessary for another officer to replace a shift the attending officer was scheduled to work during the time of the training/conference.

Benefits
Benefit costs may include employer contributions or expenses for basic health care, vacation, sick leave, retirement, social security, and/ or other similar expenses. Personnel benefit costs must be calculated in proportion to the actual time worked on the Project activity.

Supporting Documentation
Personnel supporting documentation must be an official document (ex: electronic payroll report).

Personnel timesheets are not required as supporting documentation; however, they must be kept on file at your Organization/Agency and readily available for auditing purposes, in addition to the electronic payroll report. Submitted personnel timesheets, activity logs, etc. must include all signatures.

For each Project activity, please ensure the following information is provided:
• Project activity name
• Project activity date
• Employee name and classification
• Number of hours worked on Project activity
• Rate of pay (notate whether regular or overtime pay)
• Salary total (rate x hours)
• Benefits percentage
• Total for salary and benefits combined
If the official document does not include all information above, please submit a supporting spreadsheet. Example below.
2410
Travel costs may include in-state and out-of-state Project-related conferences, seminars, workshops, and trainings approved by CGU. The most economical mode of travel, in terms of direct expenses to the Project, must be used. Grant funding covers approved travel directly related to the conference/training. Travelers may arrive one day before and depart one day after the event. Grant funds cannot be combined with personal funds to extend the trip duration.

NOTE: If the name and type of conference/training is not included in the Grant Agreement, CGU approval for the conference/training must be obtained prior to travel. To request CGU approval please provide the following information via e-mail to your Grant Administrator:
• Travel date(s)
• Location of the conference/training
• Employee Name and Classification
• Name of existing budget line item that will cover these travel costs.

Travel must occur within the Project Performance Period to receive reimbursement.

Out-of-State
Grantees shall use the out-of-state lodging reimbursement rates issued by CalHR which states reimbursement up to the applicable federal rate established by the U.S. General Services Administration (GSA) for the travel destination; however, meals and incidentals will be reimbursed at the California State travel rates.

In-State
Grantees shall not exceed the travel rates paid to exempt, excluded, and represented State of California employees and will be reimbursed at the State travel rates. Any costs beyond State travel rates will be at the expense of the Grantee.

Travel Expense Examples
• Lodging to attend conferences/trainings (must have CGU approval prior to attending) • Mileage (based on current State rate) or fuel expenses for rental cars • Per Diem for approved meals (based on current State rate) • Rental car fees
• Commercial airline fares
• Parking fees
• Bridge tolls
• Taxi or bus fares
Meals cannot be claimed if they are provided by the hotel, training, conference, etc. Snacks and continental breakfasts, such as rolls, juice, and coffee, are not considered meals. Refer to CalHR for the travel timeframes for when meals can be claimed.

When an agency representative (not the actual attendee) is making travel reservations on behalf of an attendee, the reservation must include the attendee’s name. Missed flight expenses are the responsibility of the traveler/agency and will not be reimbursed by the grant.

NOTE: Please complete one Travel Claim Form per trip, per employee, and submit with the required supporting documentation through the GMS. For each trip, per employee, submit travel expense in their entirety; do not split across multiple Reporting Periods or Expense line items in the GMS. The Start Date is the first day of paid travel and the End Date is the last day of paid travel. Your Grant Administrator will provide an electronic copy of the form. 7 Quick-Reference Guide
Travel
2411
Quick-Reference Guide
Supporting Documentation
Travel supporting documentation may include a paid receipt, paid invoice, or confirmation (ex: airline, rental car) that must show a paid in full/zero balance. When submitting reimbursement or expense documentation, all supporting documentation and proof of stay must be issued in the attendee’s name. Proof of payment and/or stay for travel may be requested.

In addition to a Travel Claim Form, please ensure the following information is provided:
• Trip name
• Traveler name
• Location
• Travel dates (must be within Project Performance Period / when paid travel begins & ends) • Purpose of trip
• Start and end time of travel (when paid travel begins & ends) • Total expense for reimbursement, and
• Zero balance, proof of payment, stay, or proof of travel.

Lodging
Please include an itemized receipt that is pre-printed (folio) with the attendee’s name, hotel name, address, charges, and a paid in full/zero balance.

Mileage or Ridesharing
Please include a mapped route with start/finish address and locations, and a paid in full/zero balance or proof of payment. For ridesharing companies such as Lyft, the receipt must also contain the attendee’s name.

Per Diem
Individual receipts for meals are not required but must be kept on file at your Organization/Agency must be on file and readily available for auditing purposes. Refer to CalHR for the travel timeframes for when meals can be claimed.

Excess Lodging Request
If attending an in-state, CGU-approved conference, and the conference blocked room rate exceeds the State travel rate, Grantees may submit an Excess Lodging Request prior to booking travel.

Please copy and paste the below bullets in an e-mail (Subject line = Excess Lodging Request) to your Grant Administrator and provide an answer for each bullet:
• Conference name
• Location
• Conference dates (must be within Project Performance Period) • Conference blocked room rate
• Difference between conference blocked room rate and state travel room rate • Detailed justification for Excess Lodging Request
Excess Lodging Requests will only be allowed under special circumstances with CGU approval. Excess Lodging Requests are effective once approved by CGU. If prior CGU approval is not received, Reimbursement Requests containing an excess lodging room rate will not be approved and travel costs will be reimbursed at the State travel rate. 8 paid online
2412
Equipment costs include grant -funded purchases of non-expendable, tangible, personal property having a normal useful life of more than one year and an acquisition cost of at least $5,000 or more per asset (ex: four identical assets which cost $1,250 each, for a $5,000 total, would not be considered an equipment purchase).

Equipment not specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Equipment should be purchased at the beginning of the Project Performance Period to ensure it is utilized when completing corresponding Project activities. Equipment must be purchased and received within the Project Performance Period to receive reimbursement.

Supporting Documentation
Equipment supporting documentation may include a paid receipt or paid invoice but must show a paid in full/zero balance or proof of payment. Please ensure the following information is provided:
• Vendor name
• Purchase date (must be within Project Performance Period) • Invoice number
• Item(s) purchased
• Total expense for reimbursement
• Zero balance or proof of payment
• VIN/Serial numbers (included on invoice or in photo), and • Photo(s) of equipment item
Paid accrued taxes must be submitted with a copy of a paid receipt or paid invoice containing a paid in full/zero balance or proof of payment for the correlating equipment purchase. Please include the tax percentage and proof of payment for the accrued taxes. Please submit both paid accrued taxes and equipment expenses in their entirety; do not split across multiple Reporting Periods or Expense line items in the GMS.

Messaging
Equipment, such as vehicles (ex: car, motorcycle), DUI Trailers, etc., must be marked, indicating that they are primarily used for Driving Under the Influence (DUI) Enforcement and display a message supporting DUI Enforcement. Magnetically affixed decals and messaging will not be accepted.

Messaging types may include:
• Decal (ex: window, door)
• Wrap (ex: entire DUI Trailer)
Messaging examples may include:
• DUI Enforcement
• DUI/DUID Education and Outreach
• “Always Designate a Sober Driver” or other DUI message Messaging and Grantee logos must be submitted to and approved by CGU prior to purchase/display.
9 Quick-Reference Guide
Equipment
2413
10 Quick-Reference Guide
NOTE: By submitting equipment supporting documentation, the Grantee certifies that equipment was added to the inventory log at the Organization/Agency and can verify the location. Any equipment purchased with grant funds may be subject to review during site visits/audits and is property of the purchasing Organization/Agency.

Equipment Management Requirements
California Code of Regulations Section 1890.19
The following requirements apply to all equipment purchased with grant funds:
• Equipment shall only be used for its intended purpose for the duration of its useful life. • Grantees shall keep equipment purchased with grant funds maintained in safe working order and stored securely.
• To be eligible for reimbursement, Grantees must purchase and receive equipment prior to the close of the Project Performance Period.
• Lost or stolen equipment purchased with grant funds, within five years of the date of loss or theft, shall be reported immediately to CGU by the Grantee (if applicable, the Grantee shall send a copy of the police report to CGU).
• Prior to disposition of equipment purchased with grant funds, the Grantee shall notify CGU via e-mail and dispose of the equipment, in accordance with the Grantee’s Organization/Agency policy.

Consultants/Contracts
Contracted services shall be utilized in direct support of Project activities. The Grantee shall be responsible for the Contractor’s compliance with program regulations, the Grant Agreement, and Project requirements. Contracted services shall not affect the Grantee’s overall responsibility for the management of the Project.

A copy of the Contract and/or Scope of Work must be submitted to and approved by CGU prior to commencement of work. Services must be rendered within the Project Performance Period to receive reimbursement.

While Nonprofits are categorized as Consultants/Contracts, the guidance for all Budget Categories still applies. See the applicable Budget Category in this guide for additional information.

Supporting Documentation
Consultants/Contracts supporting documentation should allow CGU to determine if invoiced expenses are permissible, reasonable, and necessary for the performance of the Project.

Supporting documentation may include a paid receipt or paid invoice but must show a paid in full/zero balance or proof of payment. If applicable, please ensure the following information is provided:
• Time study, and
• Detailed activity report
2414
Other Direct Costs include Operational Costs. Supplies and materials may be purchased, provided the items are claimed at a cost no higher than the original purchase price paid by the Grantee.

Other Direct Costs not specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Other Direct Costs should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. Other Direct Costs must be purchased and received within the Project Performance Period to receive reimbursement.

Supporting Documentation
Other Direct Costs supporting documentation may include a paid receipt or paid invoice but must show a paid in full/zero balance or proof of payment. Please ensure the following information is provided:
• Vendor name
• Purchase date (must be within Project Performance Period) • Invoice number (if applicable)
• Item(s) purchased
• Total expense for reimbursement, and
• Zero balance or proof of payment
Registration Fees
Please ensure the following information is provided:
• Conference/Training name
• Attendee name
• Location
• Conference date(s) (must be within Project Performance Period) • Total expense for reimbursement
• Zero balance or proof of payment, and
• Proof of attendance (ex: copy of badge, agenda, handout, certificates)

EDUCATION AND OUTREACH
Education Events and Presentations
Education Events and Presentations may include community meetings, cannabis industry outreach, school outreach programs, high school/college presentations, and education programs. Prior to conducting presentations, please share the content/presentation with your Grant Administrator. Education Events and Presentations must occur within the Project Performance Period to receive reimbursement.
11 Quick-Reference Guide
Other Direct Costs
2415
Quick-Reference Guide
When reporting Education/Outreach Achievements, please provide:
• Photos
• Educational content
• Impact data (ex: number of attendees, list of public establishments), and • Address/location if contact was made in person or virtual (include platforms).

Outreach Materials and Advertising
Outreach Materials and Advertising may include press releases, social media postings, brochures, flyers, PowerPoint presentations, billboards, print advertisements, and radio advertisements.

Outreach Materials and Advertising must be submitted to and approved by CGU prior to airing, publication, or distribution. Outreach Materials and Advertising should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. Outreach Materials and Advertising must be purchased, received, and aired/run/displayed within the Project Performance Period to receive reimbursement.

Messaging
All messaging and Grantee logos must be submitted to and approved by CGU prior to purchase/display.

Messaging verbiage must include both:
• The statement, “Funded by the CHP Cannabis Tax Fund Grant Program”, and • Educational message against impaired driving

MODIFICATIONS
Budget Modification Request
Grantees seeking to reallocate grant funds to accomplish the intent of the original Grant Agreement and Project activities may submit a Budget Modification Request in Q1, Q2, or Q3.

In Q4, Budget Modification Requests will only be allowed under special circumstances with CGU approval.

Please copy and paste the below bullets in an e-mail (Subject = Budget Modification Request) to your Grant Administrator and provide an answer for each bullet for each reallocation of grant funds:
• Requested item(s) and/or service(s)
• Explanation of reasons/circumstances that justify the modification. • Description of how requested item(s) and/or service(s) will positively improve the Project • Description of potential implications if the Budget Modification is not approved • Budget line item name(s) you are transferring from
12 2416
Quick-Reference Guide
• Budget line item name(s) you are transferring to
• Amount(s) for reallocation
Budget Modification Requests will become effective once approved by CGU. If prior CGU approval is not received, Reimbursement Requests shall be denied. CGU and the Grantee shall retain copies of all Budget Modification Request documents.

Project Contact Change Request
Grantees requesting to update personnel contacts during the Project Performance Period must submit a Project Contact Change Request.

Please copy and paste the below bullets in an e-mail (Subject = Project Contact Change Request) to your Grant Administrator and provide an answer for each bullet for each change:
• Effective date
• Current Project contact name (first and last) & title • Telephone number
• E-mail address
• Mailing address
• New Project contact name (first and last) & title
• Telephone number
• E-mail address
• Mailing address

PROJECT PERFORMANCE
REVIEW
Monitoring/Site Visits
CGU may conduct a Project Performance Review to determine progress towards the completion of the Project. Project Performance Reviews may be accomplished by desk review, questionnaire, site visits, and/or other means of review. The Project Performance Review may be conducted before, during, or at the end of the Project Performance Period. 13 2417
Achievements and Expenses
Achievements
Grantees are required to report on achieved Project goals and activities (Achievements) that occurred during the Project Performance Period and provide a final Project Status/Closeout Achievement (ex: Q4 – Project Status/Closeout) by the due date listed in this guide under Important Dates. Please ensure the following information is provided:
• Detailed summary of completed Project
• Success stories
• Obstacles faced
• Project goals/activities not accomplished
• Justification for unspent grant funds
Expenses
In addition to Achievements, and if applicable, Grantees will submit a final Reimbursement Request with required supporting documentation within sixty calendar days after the completion of the Project, or the end date, as specified in the Grant Agreement or amended Grant Agreement, whichever comes first. Please ensure the following information is provided:
• Supporting documentation for Expenses
• Subcontracted work, notice of completion (if applicable), and • Photos of completed Project goals and activities (if applicable) Please allow enough time for the Grant Administrator to review the submitted information to ensure a Reimbursement Request is submitted by the due date. CGU reserves the right to request additional information, as needed.

AUDITING
Requirements & Principles
Record Retention
Grantees shall retain all documents, records, receipts, and financial accounts pertinent to the Project necessary to substantiate the purpose for which grant funds were spent, for five years from the expiration of the Grant Agreement.

Audit Requirements
Auditors may request, but are not limited to, the following documentation:
• Job/Source code
• Components of indirect/administrative costs reimbursed by the grant • Reports of employees by position/title, including job descriptions and staff time/benefits reimbursed by the Grant
• Timesheets signed by the employee and supervisor for staff time reimbursed by the grant 14 Quick-Reference Guide

CLOSEOUT
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15 Quick-Reference Guide
• Invoices, canceled warrants for Contracts, materials, services, and supplies • All Contracts and Service Agreements reimbursed by the Grant • Vehicle records/mileage logs for transportation cost, including the Grantee’s relevant policies, processes, and documentation pertaining to usage costs and mileage rates • Vehicle Identification Numbers, equipment serial numbers, title, and photographs of equipment purchases reimbursed by the grant
Basic Principles
• Maintain complete records and keep on file at the Organization/Agency. • Be prepared and have records readily available for an audit and/or site visit. • Reimbursements cannot exceed actual costs expensed for a Project activity. • Request reimbursement for Expenses only once.
• Respond to requests in a timely manner.

If you have any questions, please contact the CGU at (916) 843-4360. 2419
DocID #75956v1
RESOLUTION NO. ________

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

CALIFORNIA ACCEPTING AND APPROPRIATING FUNDS ALLOCATED FROM

THE CALIFORNIA HIGHWAY PATROL, CANNABIS TAX FUND GRANT

PROGRAM (CTFGP) TO REDUCE AND MITIGATE THE IMPACTS OF IMPAIRED

DRIVING IN THE COMMUNITY
WHEREAS, the State government has made funds available through the California Highway Patrol, Cannabis Tax Fund Grant Program (CTFGP) for the Richmond Police Department to utilize best practice strategies to reduce and mitigate the impacts of impaired driving in the community; and
WHEREAS, the City of Richmond is identified as a grantee and entitled to a maximum of $204,505.47 with the primary goal of reducing and mitigating the impacts of impaired driving in the community, including alcohol, drugs, speeding, distracted driving, and WHEREAS, the City of Richmond Police Department will utilize best practices in specific operations to enforce vehicle code violations, provide high visibility, and utilize the media as a deterrent to reduce and mitigate the impacts of impaired driving in the community; and WHEREAS, Richmond Police Chief has submitted to the City Council a request that funds, which the City will receive under the allocations, be used to reduce and mitigate the impacts of impaired driving in the community, which directly impacts citizen safety while driving, riding bicycles, and walking within the city.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond that:

1. The City of Richmond shall accept the allocation for $204,505.47 from the California Highway Patrol, Cannabis Tax Fund Grant Program (CTFGP).

2. The funds which the City will receive are hereby appropriated toward efforts to reduce and mitigate the impacts of impaired driving in the community as detailed in the grant proposal.

3. The grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

4. The City agrees to abide by the terms and conditions of the Grant Agreement as set forth by California Highway Patrol, Cannabis Tax Fund Grant Program (CTFGP).

5. The City Manager, or their designee, shall establish a Fund Organization/Object Code in the Munis system for the deposit of funds allocated to the City of Richmond from the California Highway Patrol Cannabis Tax Fund Grant Program (CTFGP) and shall be authorized to execute all necessary and related documentation.

6. The Police Department Accountant of the City of Richmond shall submit the necessary reports and summaries as required by state law.
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DocID #75956v1
*****************************
(This section to be completed by Clerk’s Office)
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
2421

Page 1 of 4 ends

July 28, 2026
Public Works
DATE: July 28, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Public Works Director
Clarence Johnson, Facilities Maintenance
Superintendent
Darin Fitzpatrick, Assistant Deputy Director of Public
Works - Operations & Maintenance
Will Santana, Stationary Engineer Supervisor
Gabino Arredondo, Project Manager
Miriam Martinez, Health Career Connections Intern
Subject: Contract with eLock Technologies for Service and Maintenance of BikeLink Lockers
FINANCIAL IMPACT: The proposed expenditure of $52,525 includes $27,750 for the quoted services, up to $20,000 for as-needed
cleaning services, and a $4,775 contingency. The
expenditure will be funded from the approved Fiscal Year 2026–2027 Public Works Department budget (Account
String: 01232231-400524), with funding for future costs budgeted in subsequent fiscal years.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City provides electronic bicycle lockers at Cityowned facilities through the BikeLink regional bicycleparking system. The City’s previous agreement for operation and maintenance of the system has expired. A
new agreement with eLock Technologies LLC is required
to maintain the existing equipment, continue software
and connectivity services, and preserve public access to the regional BikeLink network.

AGENDA
REPORT
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Page 2 of 4 ends

July 28, 2026
RECOMMENDED ACTION: APPROVE a contract with eLock Technologies to provide annual service and operations to the BikeLink lockers for a total amount not to exceed $52,525, which includes a
contingency of $4,775, with a term commencing
September 1, 2026, and ending June 30, 2029, with two
one-year extension options – Public Works Department
(Gabino Arredondo 510-620-6606).

DISCUSSION:

The City Council approved the City’s Bicycle Master Plan in 2011. The plan recommends providing both long- and short-term bicycle parking at City-owned and operated facilities. Long-term bicycle parking is intended for employees, commuters, students, residents, and visitors who require secure bicycle storage for extended periods.

Users rent locker spaces by the hour using a BikeLink card, which may be purchased online or in person at the cashier window at City Hall. A BikeLink card may be used at participating locations throughout the regional network. The current rental rate is $0.05 per hour. Some newer electronic lockers may also support access through registered Clipper cards or the BikeLink mobile application.

Secure bicycle parking is an important component of the City’s bicycling network because it reduces the risk of theft and encourages bicycling as a transportation option.

BikeLink lockers are available at several locations throughout Richmond, including Cityowned community facilities, the Richmond Multimodal Station, and the Richmond Ferry Terminal. The regional system includes lockers at Bay Area Rapid Transit stations throughout the Bay Area, including 32 spaces at the Richmond Multimodal Station, as well as 24 spaces at the Richmond Ferry Terminal.
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July 28, 2026
The City currently provides 34 BikeLink electronic bicycle lockers at the following locations:
 4 spaces: Nevin Center
 4 spaces: Family Justice Center
 8 spaces: City Hall
 4 spaces: Main Library
 4 spaces: Employment and Training/Senior Center
 6 spaces: Recreation Complex
 4 spaces: Booker T. Anderson Community Center
The City’s previous agreement for operation and maintenance of the BikeLink system has expired. A new agreement is required to maintain the existing bicycle lockers and provide continued public access to secure, long-term bicycle parking.

Proposed Agreement
The proposed agreement provides for the continued operation of the City’s BikeLink electronic bicycle locker system (Attachment 1). Services include:
 Operations and maintenance of the existing electronic bicycle lockers  Troubleshooting and customer support related to the BikeLink system and user cards  Cleaning services, as needed
 Annual software licensing
 Cellular internet connectivity for the system’s gateway devices These services will support the continued functionality of the City’s electronic bicycle lockers and allow residents, commuters, employees, and visitors to access secure, long-term bicycle parking at existing City facilities.
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Page 4 of 4 ends

July 28, 2026
The lockers also connect Richmond users to the broader regional BikeLink network, which serves bicycle commuters traveling by bus, Bay Area Rapid Transit, Amtrak, ferry, and other transportation services. BikeLink remains an important component of the City’s bicycle parking infrastructure.

Sole-Source Justification
eLock Technologies LLC operates the BikeLink bicycle-parking system and owns the proprietary software used to manage access to participating BikeLink facilities. The City’s existing electronic bicycle lockers are integrated with this system and rely on eLock Technologies LLC for software licensing, equipment communications, customer account administration, technical support, and maintenance services.

BikeLink functions as an interagency network that allows registered users to access participating bicycle-parking facilities operated by different public and private entities.

Continuing services through eLock Technologies LLC will allow the City’s existing lockers to remain connected to this regional network.

A different service provider would not have access to or control over the proprietary BikeLink software and user-access system. Transitioning to another provider could therefore require replacement or substantial modification of the City’s existing equipment and could prevent the lockers from remaining part of the BikeLink network.

For these reasons, eLock Technologies LLC is uniquely qualified to provide the software licensing, system operation, connectivity, customer support, maintenance, and related services required for the City’s existing BikeLink bicycle lockers (Attachment 2).

Conclusion
City staff recommend that the City Council approve a contract with eLock Technologies LLC to provide annual service and operations for the City’s BikeLink electronic bicycle lockers in a total amount not to exceed $52,525, including a contingency of $4,775, for a term commencing September 1, 2026, and ending June 30, 2029, with two one-year extension options. Approval will ensure continued operation of the lockers, preserve secure bicycle parking, and maintain access to the regional BikeLink network.

SYNERGISTIC POLICIES:

The City’s 2011 Bicycle Master Plan supports the provision, expansion, improvement, and ongoing maintenance of secure short- and long-term bicycle parking at City facilities and transit destinations. These policies recognize bicycle parking as an essential component of a connected bicycle network that reduces the risk of theft, improves access to public transportation, and encourages bicycling as a practical transportation option.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract
Attachment 2 – Sole Source
Attachment 3 – BikeLink Brochure
2425

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.

Public Works Clarence Johnson [email protected] (510) 620-6606 9138 Annual Service and Operations, annual software licensing, cellular Internet connection for the Gateway. ELock Technologies 800 Heinz Ave, Suite 11 Berkeley, CA 94710 Jake Massler (510) 549-2853 [email protected] 4004-8629 September 1, 2026 June 30, 2031 52,525.00 26 52,525.00 2426

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
ELock Technologies
2427
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]
ELock Technologies
City contractor Elock Technologies, LLC will provide ongoing operation and maintenance support for existing bicycle locker infrastructure, annual software licensing, and cellular internet connectivity for gateways. For reference see Quote & License Agreement attached.

Option for external cleaning is $250 per quad, cleaning specs attached, "Electronic Bicycle Locker Guide" attached.
2428
Quote
Date
6/2/2026
Quote #
8969
Name / Address
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Ship To
City of Richmond
BikeLink eLockers
See attached
Rep Project
Total
Subtotal
Sales Tax (9.75%)
eLock Technologies
800 Heinz Ave, Suite 11
Berkeley, CA 94710
[email protected]
510-549-2853
Due to extreme fluctuations in the steel market this quote is valid for 7 days. Sales tax subject to change depending on date of work. Delivery of the product must be within 6 months of issuance of Purchase Order for prices to be valid. BikeLink is an inter-agency network for on-demand parking and vehicle sharing. By accepting this proposal, Customer indicates understanding and acceptance of terms of BikeLink Purchase and Software License Agreements. If Customer is a general contractor, then by accepting this proposal, Customer indicates that the owner has received a copy of the BikeLink Purchase and Software License Agreements and accepts its terms.

Description Qty Cost Total
Annual Service and Operations Agreement ($150/space/year) -Includes $20 Annual Software Licensing
Term: 5 Year
5 4,800.00 24,000.00
Cellular Internet connection for the Gateways
Term: 5 years
5 750.00 3,750.00
$27,750.00
$27,750.00
$0.00
2429
I. BIKELINK® SOFTWARE LICENSE AGREEMENT

GRANT OF LICENSE AND RESTRICTIONS
Subject to the License Terms contained in this BikeLink® Software License Agreement and payment of all fees as provided in the PURCHASE AGREEMENT, ELOCK grants to OWNER a non-sublicensable, nonexclusive right to use the software loaded on BikeLink® equipment listed in Section 3 below along with all web-based software accessed through an OWNER login at www.bikelink.org (collectively the “SOFTWARE”) strictly in accordance with the related user documentation including the Product Manual for Access Control Kiosk, or Gen 5 eLocker with BikeLink® Software (collectively the “Documentation”) and any terms and procedures ELOCK may prescribe from time to time. The SOFTWARE shall be provided to OWNER as a term-based license for the term specified in Section 2 below. ELOCK retains complete ownership of all SOFTWARE. OWNER will maintain the copyright notice and any other notices that appear on the SOFTWARE and on any copies and any media. As further specified in Section 4 herein, OWNER will not (and will not allow any third party to) (i) reverse engineer or attempt to discover any source code or underlying ideas or algorithms of the SOFTWARE (except to the extent that applicable law prohibits reverse engineering restrictions), or (ii) provide, lease, lend, or use the SOFTWARE for time sharing purposes.

The features and functionality provided by the Software are described in the Documentation. Services associated with this BikeLink® Software License are described in sections 6, 7, and 8 below.

By using the BikeLink® Software, OWNER understands and agrees that OWNER is joining the BikeLink® inter-agency facility network, and is subject to the operational terms and conditions outlined herein which are designed to ensure continuing interoperability and access by USERS throughout the network.

This BikeLink® Software License, provided by ELOCK extends to the OWNER or agency with control over a BikeLink® facility or equipment. Rights and responsibilities are automatically transferred to any subsequent Owner or agency with control over a BikeLink® facility or equipment.

1. DEFINITIONS
“ELOCK” is the company eLock Technologies LLC, with principal place of business at 800 Heinz Avenue #11 Berkeley CA 94710. ELOCK also does business as “BikeLink®”
“BikeLink® is the name of the bike parking and bike sharing system created by eLock Technologies LLC. “OWNER” is the original purchaser and/or entity with control over a BikeLink® facility. “ACCESS DEVICE” is any uniquely assigned ID device, including the BikeLink® Smart Card, BikeLink® Android or iOS App, Regional Transit Card or Credit Card assigned to a particular User and registered to their profile in the BikeLink® user database
“USER” is an individual who has obtained one or more BikeLink® access devices and is registered in the BikeLink® database. “ELOCKER” is a multi-SPACE electronically controlled enclosure. “KIOSK” is an electronic control and user interface device that controls access to group parking facilities. “SPACE” is an enclosure or docking device within an ELOCKER capable of securing one bicycle or other small vehicle. “CONTROLLER” is an electronic control and user interface device that controls access to one or more SPACEs. “GATEWAY” is a device enabling remote communications with a group of CONTROLLERs at a specific location. “ADMINISTRATIVE DEVICE” is a device which enables updating software, collection or viewing of CONTROLLER status, settings and data, modification of CONTROLLER settings or states, and ability to gain entry into a SPACE. “PURCHASE AGREEMENT” is the agreement between ELOCK and the OWNER for equipment listed in Section 3.

2. TERM OF LICENSE
This License Agreement shall remain in effect as long as the equipment remains in operation and any software license renewal fees are paid in full, unless terminated by mutual agreement.

BikeLink Service and Operations Agreement v06.14.2019
2430

3. EQUIPMENT
This License is for use of the SOFTWARE loaded on equipment listed below, as noted in purchase agreement dated:

Location Name Quantity Product Spaces Controllers
Richmond: Booker T Anderson
CC
1 G5 Quad 4 2
Richmond: City Hall 2 G3B Quads 8 4
Richmond: Employment and
Training Center
1 G5 Quad 4 2
Richmond: Main Library 1 G5 Quad 4 2
Richmond: Nevin Center 1 G5 Quad 4 2
Richmond: Recreation
Complex
1 G5 Quad 4 2
Richmond: West Contra
Costa F. J. Center
1 G5 Quad 4 2
TOTAL 32 16

4. LICENSE TERMS AND CONDITIONS
By taking control of equipment using the BikeLink® system, you (the OWNER, or entity with control) agree to the following terms and conditions:

4.1. SCOPE This License grants OWNER the right to use the SOFTWARE installed on individual BikeLink® controllers or Kiosks; it is not a general site license. This License covers only the SOFTWARE.

4.2. BIKELINK SYSTEM USER AGREEMENT OWNER agrees to support and uphold the terms and conditions of the universal BikeLink® System User Agreement, including the privacy policy regarding user information. Available at:
www.bikelink.org/useragreement

4.3. INTER-AGENCY FACILITY NETWORK OWNER agrees to support the BikeLink® inter-agency facility network. Specifically, OWNER agrees to permit ELOCK dba BikeLink® to:
a. Sell ACCESS DEVICES directly to users for BikeLink® equipment purchased by the OWNER, b. Provide information and assistance directly to users, c. Maintain a complete USER information database which allows any BikeLink® System Facility Owner to look up an individual USER’s information,
d. Maintain the universal BikeLink® System User Agreement on behalf of all Facility Owners, e. Track usage at the OWNER’s facility and report, or publish it in an aggregated form, f. Attach to each locker a small sign, sticker, label or other similar item, displaying ELOCK's name, address, BikeLink® logo, contact information, and product information such as model number, g. Attach a sign at each location approximately 18" x 24" in size displaying the BikeLink® logo and information about how to use the BikeLink® system.

4.4. ADMINISTRATIVE DEVICES OWNER agrees to carefully safeguard BikeLink® ADMINISTRATIVE DEVICES, and to adhere to the following terms for security purposes:

4.4.1. ADMINISTRATIVE DEVICES are non-transferable.

4.4.2. ADMINISTRATIVE DEVICES require PINs (Personal Identification Numbers) for use.

4.4.2.1 ADMINISTRATIVE DEVICES’ PINs are to be personalized and unique. PINs cannot be a repeating number or a simple sequence. E.g. 1-2-3-4 or 4-4-4-4.

4.4.2.2 ADMINISTRATIVE DEVICES’ PINs are not to be written down on the devices or otherwise.

4.4.3. If an ADMINISTRATIVE DEVICE is lost, please notify eLock immediately.

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4.4.4 Owner agrees that ADMINISTRATIVE DEVICES’ PINs are not to be stored with ADMINISTRATIVE DEVICE

4.5. ACCESS RESTRICTION OWNER may restrict access to a BikeLink® facility under OWNER's control, by setting up restricted access zones. To permit access, OWNER must obtain from ELOCK a unique access code, associated with each individual user’s standard BikeLink® access device to whom OWNER wishes to grant access. A nominal fee is charged for each access code generated by ELOCK. The access code permanently adds permissions for the specified access zone to the user’s BikeLink® access device.

Information collected upon issuing an access code, beyond the standard information requested from every BikeLink® user upon access device activation, need not be shared with other facility owners via the BikeLink® database.

However, neither restricting access to OWNER's BikeLink® Facility by implementing access zones, nor issuing access codes to vetted users, releases OWNER from obligations to the BikeLink® inter-agency facility network as described above.

USERs who have been issued access codes for a specific BikeLink® facility retain the ability to access other unrestricted BikeLink® facilities. Therefore, to protect the interests of other Facility Owners, all USERS' information must be included in the BikeLink® database even if the USER's primary BikeLink® location is one with restricted access.

4.6. REVENUE AND RENTAL RATES The BikeLink® system relies on rental charges accruing in proportion with actual rental time in order to encourage turnover and effectively deter monopolization of the resource by some users. OWNER agrees that the base rental rate of its ELOCKERs will remain set at between $0.05 and $0.10 per hour and that the expired rental rate charged whenever a user allows their meter to expire will be set at least two times the base rental rate. OWNER agrees that the system-wide base rental rate may be periodically adjusted in accordance with changes in the U.S. Consumer Price Index. To compensate ELOCK for the services described in sections 5 and 6, which are provided for as long as the BikeLink® facility is in operation, OWNER agrees that all revenue up to $0.12 per hour and 10% of revenue above $0.12 per hour will be retained by eLock, and that any remaining revenue will be transferred to OWNER on an annual basis. Alternatively, if the base rental rate is set below $0.05 per hour, OWNER agrees to compensate ELOCK for the difference between the actual rental rate and $0.10 per hour.

4.7. PRIMARY CONTACT To facilitate ELOCK’s provision of the services described in section 6, ELOCK shall be the primary contact for USERs. ELOCK’s (dba “BikeLink”) contact information shall be displayed prominently at BikeLink® locations so USERs know who to contact for assistance.

4.8. USE OF FACILITY-SPECIFIC USAGE DATA For research and marketing purposes, ELOCK retains the right to collect and publish facility-specific usage data. ELOCK shall report usage data only in aggregate and shall not publicly disclose any user-specific details.

4.9. TRANSFERABILITY Upon transfer of ownership or control of BikeLink® equipment by OWNER to another owner or entity, OWNER agrees to provide a copy of this License to that entity and the new owner or entity shall be bound by the terms herein.

4.10. LIMITATIONS ON TRANSFERABILITY The SOFTWARE may only be used in connection with the BikeLink® facility or equipment as provided under applicable quote and purchase order or in fulfillment of the specified PURCHASE AGREEMENT. OWNER may not use, copy or transfer the SOFTWARE except as permitted herein. OWNER may not sublicense, rent, lease, assign or transfer the SOFTWARE; provided, however that this License may be transferred to a third party who acquires the BikeLink® facility or equipment and who agrees in writing to be bound by the terms of this License.

4.11. EXCLUSIONS This License does not cover custom software that may in the past or future be developed for OWNER or other customers of ELOCK which custom software shall be governed by an independent license agreement issued by ELOCK to OWNER in connection with any such customization.

4.12. COPYRIGHT The SOFTWARE is protected by copyright laws and international copyright treaties. OWNER may NOT:
remove, decompile, reverse engineer, disassemble, modify, adapt, translate, overwrite, reprogram, or create derivative works based upon the SOFTWARE or any part thereof.

4.13. UNAUTHORIZED REMOVAL Any unauthorized removal of the SOFTWARE, or the installation of any third-party software to be used in conjunction with the SOFTWARE, shall void the Limited Product Warranty, and result in immediate termination of this License.

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4.14. LIMITED PRODUCT WARRANTY The Limited Product Warranty, incorporated herein by reference, contains the complete and exclusive warranty with respect to the SOFTWARE licensed hereunder.

4.15. INTELLECTUAL PROPERTY The SOFTWARE is the property and pre-existing work product of ELOCK. OWNER shall not acquire any rights, including intellectual property rights of any kind or nature, in the SOFTWARE other than the License set forth herein. This provision extends to new software or software improvements that may be created after this License takes effect.

4.16. CONFIDENTIALITY The SOFTWARE is the proprietary information of ELOCK and constitutes the confidential information and trade secrets of ELOCK, and may not be disclosed by OWNER to any person without the express written consent of ELOCK.

4.17. JURISDICTION This License will be governed by and construed in accordance with the laws of the State of California, United States (excluding conflicts of laws), and shall inure to the benefit of ELOCK and its successors and assigns. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to ELOCK must be mailed by certified mail to the following address:
eLock Technologies, LLC
800 Heinz Avenue Suite 11
Berkeley, CA 94710
U.S.A.

Attention: Steven Grover, President

5. ONGOING SERVICES COVERED BY ACCESS DEVICE SALES REVENUE

5.1. ACCESS DEVICE PRODUCTION & PROGRAMMING ELOCK shall produce and program ACCESS DEVICEs that are compatible with the current version of BikeLink® SOFTWARE.

5.2. ACCESS DEVICE DISTRIBUTION & ACTIVATION ELOCK shall maintain an inventory of access devices, and shall provide the following related services:
• Distribution of ACCESS DEVICEs to retail vendors.
• 24-hour web and telephone sales and distribution of ACCESS DEVICEs and add value codes to USERs. • 24-hour web and telephone ACCESS DEVICE activation.
• Web-based FAQs and other instructional information.

Note: OWNER may elect to act as a vendor of ACCESS DEVICEs. OWNER understands and agrees that ACCESS DEVICEs it may choose to sell shall not be different from those sold by other vendors, that such ACCESS DEVICES are subject to the universal BikeLink® System USER Agreement, that they may be used at any BikeLink® facility, and that USER information associated with all BikeLink® ACCESS DEVICEs must be stored in the BikeLink® database and available to all BikeLink® facility owners.

5.3. USER AGREEMENT ELOCK shall maintain and periodically update the USER Agreement, also known as the “BikeLink® System User Agreement.” ELOCK shall inform OWNERs and USERs of changes to the USER Agreement in accordance with notification obligations defined in the USER Agreement. ELOCK shall maintain the USER Agreement link at www.bikelink.org, and take reasonable measures to ensure USERs are informed of the USER Agreement before using the BikeLink® system.

5.4. REMOTE USER SUPPORT Upon receiving a query or problem report from a USER, ELOCK shall reply promptly with accurate information to all reasonable inquiries. Upon receiving a technical assistance request from a USER, ELOCK shall create an online problem report, and provide troubleshooting and telephone or email-based problem resolution during normal business hours. ELOCK shall maintain the following additional remote USER support benefits and services:
• 24-hour telephone support for USERs to report problems, request a free taxi ride, or to request single use access device in cases where USER has lost his or her ACCESS DEVICE.

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• Reimbursement of reasonable and necessary taxi ride costs actually incurred from BikeLink® facility up to $20 in case USER is unable to retrieve a bicycle due to an equipment malfunction. • One-time use cards (for cards under 13,000) and ID-verification for lost cards and similar situations. • Lost Card Codes for USER’s to retrieve their bike from an active rental in program if they lose their card.

5.5. USER DATABASE MAINTENANCE ELOCK shall maintain a web-based database of USER information and provide OWNER with access to information stored on this database. ELOCK shall maintain an up-to-date off-site database backup.

5.6. RENTAL TRANSACTION DATA ELOCK shall maintain rental transaction data that has been uploaded to the BikeLink® web-based database. ELOCK shall maintain an up-to-date off-site rental transaction data backup. ELOCK shall provide online rental transaction data plotting and data download tools.

5.7. SIGNAGE ELOCK shall install, and OWNER shall permit, one sign at each location approximately 18" x 24" in size displaying the BikeLink® logo and information about the BikeLink® system for the original procurement of the eLocker(s). Additional signs may be requested by OWNER for an additional fee.

6. ONGOING SERVICES COVERED BY USER FEES

6.1. ID CHECK AT GROUP-ACCESS FACILITIES Use of group-access facilities requires an additional vetting step for USERs, referred to as the "ID Check." This ID Check may be performed by ELOCK and may include making a photographic record of a USER's face and current photo ID such as a driver license upon their first use of the group-access facility.

ELOCK shall not be obligated to ensure legibility of this photograph. ELOCK may, at its sole discretion, change the requirements and procedures for the ID Check. Once an ID Check has been performed successfully, a unique Access Code is generated for the USER's access device, and automatically loaded onto it by the group-access facility's CONTROLLER. The nominal fee for this Access Code shall be deducted from the balance on the USER's access device and retained by ELOCK.

6.2. ON-SITE USER ASSISTANCE In the event a USER requests on-site assistance in lieu of remote assistance to resolve a problem caused by an ACCESS DEVICE or equipment malfunction, ELOCK reserves the right to determine whether such on-site assistance is reasonably required and to charge a reasonable fee directly to the USER for this service.

7. ONGOING SERVICES COVERED BY ANNUAL SOFTWARE LICENSE FEE

7.1. SOFTWARE MAINTENANCE FOR SYSTEM INTEROPERABILITY To maintain interoperability for BikeLink® users throughout the BikeLink® network of facilities, as well as compatibility with evolving changes in USER Access Device technologies, technology security standards, communications networks technologies, and point of sale technologies, ELOCK shall release ongoing SOFTWARE improvements including:
• SOFTWARE upgrades
• Security patches
• Ongoing web-based software maintenance

7.2. ON-CALL NETWORK AND WEB APPLICATION TECHNICIANS ELOCK shall provide specialized technical support services as required in its sole and reasonable discretion to troubleshoot and resolve technical issues that may arise.

7.3. FACILITY OWNER WEB PAGE ELOCK shall provide password-protected OWNER’s web page customized for OWNER’s locations with up-to-date location information, ability to search USER database, ability to generate access codes, geo-coded cardholder location mapping, access to rental transaction data, and equipment documentation. ELOCK shall provide reasonable and necessary training to OWNER on use of system at time of initial installation.

7.4. LIMITATIONS ON USER DATABASE ACCESS BY OWNER To help ensure the USER information privacy, OWNER access to database may be limited to individual queries, USERs in vicinity of OWNER’s facilities, and/or USERs who have previously accessed OWNER’s facilities.

7.5. USER SUPPORT REPORTING Problem reports prepared by ELOCK shall be available for review by OWNER upon request on a case-by-case basis. USER queries and associated responses prepared by ELOCK shall be available for review by OWNER upon request on a case-by-case basis.

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7.6. SERVICE RECORDS Service records for any service performed by ELOCK shall be maintained by ELOCK. Service records shall be available for review by OWNER upon request, on a case-by-case basis.

7.7. EXCLUSIONS
(a) Testing, troubleshooting, upgrade, repair, or other services, including remote engineering support to on-site technicians, which require an on-site field technician; (b) Hardware upgrades;
(c) Out-of-Warranty service or replacement for malfunctioning parts; (d) Repairs needed due to damage caused by conditions beyond ELOCK's control including but not limited to flooding, earthquakes, or other acts of God.

7.8. PAYMENT Any software license renewal fees agreed to in the PURCHASE AGREEMENT are payable annually upon the date of OWNER acceptance of product installation. If payment is not received within 60 days of the annual renewal date, services described in section 8 and all rights granted under this License Agreement may be suspended.

8. LIMITATION OF LIABILITY AND GOVERNING LAW

ANY LIABILITY OF ELOCK WITH RESPECT TO A PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY,

NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT OR, IF, IN COMPANY’S OPINION, REPAIR OR REPLACEMENT IS IMPRACTICAL, TO REFUND OF THE LICENSE FEE. EXCEPT FOR THE FOREGOING, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

FURTHER, ELOCK DOES NOT WARRANT RESULTS OF USE OF THAT THE PRODUCTS ARE BUG FREE OR THAT THEIR USE WILL BE UNINTERRUPTED.

NOTWITHSTANDING ANYTHING ELSE IN THIS LICENSE AGREEMENT OR OTHERWISE, AND EXCEPT FOR BODILY INJURY,

ELOCK SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT OR UNDER

ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS

IN THE AGGREGATE OF THE LICENSE FEES PAID TO IT HEREUNDER WITH RESPECT TO THE APPLICABLE PRODUCT DURING THE SIX MONTH PERIOD PRIOR TO THE CAUSE OF ACTION; OR (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (III) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; (IV) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (V) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

This License Agreement shall be construed pursuant to the laws of the State of California without regard to conflicts of laws provisions thereof. Any waivers or amendments shall be effective only if made in writing. This License Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this License Agreement. In the event of a conflict between this License Agreement and the terms of a PURCHASE AGREEMENT, the terms of this License Agreement shall govern. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorney’s fees and costs in connection with such action.

The parties agree to the foregoing and have executed this Software License Agreement on the date indicated below:
eLock Technologies LLC Owner
_______________________________________ _______________________________________ By: ____________________________________ By: ____________________________________ Date: __________________________________ Date: __________________________________ BikeLink Service and Operations Agreement v06.14.2019
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II. BIKELINK® SERVICE AND OPERATIONS AGREEMENT

OVERVIEW
This BikeLink® Partnership Service and Operations Agreement (this "Agreement") provides notice of the Operating Terms and Conditions for the BikeLink® System. Please read it carefully. This Agreement is made and entered into by and between eLock Technologies LLC, a California limited liability company ("ELOCK), and City of Richmond ("OWNER") (individually a "Party" and collectively the "Parties")

1. DEFINITIONS
“ELOCK” is the company eLock Technologies LLC, with principal place of business at 800 Heinz Avenue #11 Berkeley CA 94710. ELOCK also does business as “BikeLink®”.
“BikeLink® is the name of the bike parking and bike sharing system created by eLock Technologies LLC. “OWNER” is the original purchaser and/or entity with jurisdiction over a BikeLink® facility. “ACCESS DEVICE” is any uniquely assigned ID device, including the BikeLink® Smart Card, BikeLink® Android or iOS App, Regional Transit Card or Credit Card assigned to a particular User and registered to their profile in the BikeLink® user database.
“USER” is an individual who has obtained one or more BikeLink® access devices and is registered in the BikeLink® database. “ELOCKER” is a multi-SPACE electronically controlled enclosure. "KIOSK" is an electronic control and user interface device that controls access to group parking facilities. “SPACE” is an enclosure or docking device within an ELOCKER capable of securing one bicycle or other small vehicle. “CONTROLLER” is an electronic control and user interface device that controls access to one or more SPACEs. “GATEWAY” is a device enabling remote communications with a group of CONTROLLERs at a specific location. “ADMINISTRATIVE DEVICE” is a device which enables updating software, collection or viewing of CONTROLLER status, settings and data, modification of CONTROLLER settings or states, and ability to gain entry into a SPACE.

2. LOCATIONS COVERED
This agreement applies to ELOCKERs, CONTROLLERs, optional GATEWAYs, and SPACEs located at OWNER’s locations as defined below. Additional locations may be added to this Agreement upon written request by OWNER and written acceptance by ELOCK.

Location Name Quantity Product Spaces Controllers
Richmond: Booker T Anderson
CC
1 G5 Quad
Gateway-1
4 2
Richmond: City Hall 2 G3B Quads 8 4
Richmond: Employment and
Training Center
1 G5 Quad
Gateway-1
4 2
Richmond: Main Library 1 G5 Quad
Gateway-1
4 2
Richmond: Nevin Center 1 G5 Quad
Gateway-1
4 2
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Richmond: Recreation
Complex
1 G5 Quad
Gateway-1
4 2
Richmond: West Contra
Costa F. J. Center
1 G5 Quad 4 2
TOTAL 32 16

3. PLAN TYPE(S) AND DURATION
Plan Term Spaces Unit Price Total
eLocker On-Site Service and
Operations Plan (includes
Annual Software Licensing Fee)
5 years 32 $150/space/yr $24,000
Cellular Connectivity for
Gateways 5 years 5 GWs $150/Gateway/
Fr $3,750
*Can be invoiced in full, annually or quarterly.

4. TERM OF AGREEMENT
Elective portions of this agreement are subject to renewal as defined above. The remaining services, benefits, terms and conditions remain in effect as long as the equipment is installed and operational. In the event that OWNER terminates the elective portions of this agreement prior to expiration of annual term, no refund of payments will be made.

5. STANDARD BIKELINK® BENEFITS & SERVICES

5.1 ACCESS DISTRIBUTION AND RELATED SERVICES ELOCK shall maintain an inventory of access devices, and shall provide the following related services:
• ACCESS DEVICE vendor support.
• 24-hour web and telephone sales of ACCESS DEVICEs and add value codes. • 24-hour web and telephone ACCESS DEVICE activation.
• Web-based FAQs and other instructional information.

OWNER may elect to act as a vendor of ACCESS DEVICEs. OWNER understands that ACCESS DEVICEs it may choose to sell are not different from those sold by other vendors, that they are subject to the universal BikeLink® USER Agreement, that they may be used at any BikeLink® facility, and that USER information associated with all BikeLink® ACCESS DEVICEs must be stored in the BikeLink® database and available to all BikeLink® facility owners.

5.2 USER DATABASE ELOCK shall maintain a web-based database of USER information and provide OWNER with access to information stored on this database. To help ensure the USER information privacy policy, OWNER access to database may be limited to individual queries, USERs in vicinity of OWNER’s facilities, and/or USERs who have previously accessed OWNER’s facilities. ELOCK shall maintain an up-to-date off-site database backup.

5.3 USER AGREEMENT ELOCK shall maintain and periodically update USER Agreement, also known generally as the “BikeLink® System User Agreement.” ELOCK shall inform OWNERs and USERs of changes to USER Agreement in accordance with notification obligations defined in USER Agreement.

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ELOCK shall maintain USER Agreement link at www.bikelink.org, and take reasonable measures to ensure USERs are informed of USER Agreement before using the BikeLink® system.

OWNER shall carefully review and comply with terms of USER Agreement, including information privacy policy.

5.4 REMOTE USER SUPPORT Upon receiving a query from a USER, ELOCK shall reply promptly to all reasonable inquiries.

Upon receiving a technical assistance request from a USER, ELOCK shall create an online trouble ticket, and provide troubleshooting and telephone or email-based problem resolution during normal business hours.

ELOCK shall maintain the following additional remote USER support benefits and services:
• 24-hour free taxi ride from BikeLink® facility up to $20 in case USER is unable to retrieve bicycle due to equipment malfunction.
• 24-hour telephone support for USERs to report problems, free taxi ride, or to request single use access device in cases where USER has lost the access device.

5.5 SUPPLEMENTAL ACCESS RESTRICTION If OWNER desires to restrict access to a BikeLink® facility, OWNER may implement BikeLink® Access Zones feature as described below. • Using ACCESS DEVICE, OWNER turns on Access Zone feature at CONTROLLERs for which access restriction is desired and sets Access Zone desired for each CONTROLLER. To permit access, OWNER obtains from ELOCK, via bikelink.org, a unique access code, associated with the individual user’s standard BikeLink® ACCESS DEVICE for which access will be granted. OWNER is charged a nominal fee for each access code generated. The access code permanently adds permissions for the specified access zone, and only for the OWNERs BikeLink® facility, to the user’s BikeLink® ACCESS DEVICE.
• Information collected by OWNER upon issuing an access code, beyond the standard information required from every BikeLink® USER upon ACCESS DEVICE registration, need not be shared with other facility owners via the BikeLink® database.
• USERs who have been issued access codes for a specific BikeLink® facility retain the ability to access other unrestricted BikeLink® facilities.

5.6 USER SUPPORT REPORTING Trouble tickets prepared by ELOCK shall be available for review by OWNER upon request.

USER queries and associated responses prepared by ELOCK shall be available for review by OWNER upon request.

5.7 FACILITY OWNER SUPPORT ELOCK shall provide password-protected OWNER’s web page customized for OWNER’s locations with up-to-date location information, ability to search USER database, ability to generate access codes, geo-coded cardholder location mapping, access to monitoring sheets and reporting data.. ELOCK shall provide training to OWNER on use of system at time of initial installation.

5.8 REVENUE AND MINIMUM RENTAL RATE The BikeLink® system relies on rental charges accruing in proportion with actual rental time in order to encourage turnover and effectively deter monopolization of the resource by users.

OWNER agrees that the base rental rate of its ELOCKERs will remain set at between $0.05 and $0.10 per hour and that the expired rental rate charged whenever a user allows their meter to expire will be set at least two times the base rental rate. OWNER agrees that the system-wide base rental rate may be periodically adjusted in accordance with changes in the U.S. Consumer Price Index. To compensate ELOCK for the services described in sections 5 and 6 of the Software License Agreement, which are provided for as long as the BikeLink® facility is in operation, OWNER agrees that all revenue up to $0.12 per hour and 10% of revenue above $0.12 per hour will be retained by eLock, and that any remaining revenue will be transferred to OWNER on an annual basis. Alternatively, if the base rental rate is set below $0.05 per hour, OWNER agrees to compensate ELOCK for the difference between the actual rental rate and $0.10 per hour.

5.9 PRIMARY CONTACT To facilitate ELOCK’s provision of standard benefits and services to USERs, ELOCK shall be the primary contact for USERs. ELOCK’s (dba “BikeLink®”) contact information shall be displayed prominently at BikeLink® locations so USERs know who to contact for assistance.

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5.10 FACILITY-SPECIFIC USAGE DATA For research and marketing purposes, ELOCK retains the right to collect and publish facility-specific usage data. ELOCK shall report usage data only in aggregate and shall not publicly disclose any user-specific details.

6. MAINTENANCE & OPERATIONS

6.1 FACILITY STATUS ELOCK shall review problem reports by USERs, monitoring information if available, and shall inspect OWNER’s BikeLink® facilities for mechanical, electronic, software, cleaning, and enforcement issues at least twice per year. eLock shall contact OWNER if graffiti, ELOCKER damage due to vandalism, or items requiring impounding or disposal are discovered.

6.2 SERVICE RECORDS ELOCK shall generate trouble tickets and maintenance records for all on-site service and repair.

These documents shall be available electronically for review by OWNER upon request.

6.3 USAGE MONITORING AND REPORTS Usage reports are available on www.bikelink.org with a facility owner login, a component of the software included in the BikeLink® Software License. • eLocker usage data includes rentals by time, market size, UI nodes reporting, unique cards per space, rental duration, daily occupied, peak occupancy distribution, and battery levels. • Kiosk usage data includes camera images, transaction data, door entry events, and user ID check photos.

6.4 PREVENTATIVE EQUIPMENT MAINTENANCE AND REPAIR If ELOCK learns that a single Kiosk, or more than 10% of eLocker controllers within a thousand foot radius are out of service due to malfunction, low batteries, abandoned rentals or other types of USER violations (see Rental Policy Enforcement section below), ELOCK will provide field service within one week to attempt to restore the facility to 100% of its originally installed functionality.

If ELOCK technicians are unable to restore the facility to at least 90% of originally installed functionality during initial field service visit, ELOCK shall expedite acquisition of replacement parts and materials and shall provide temporary replacement of functionality using alternate parts or systems if possible.

All reasonable measures shall be taken to avoid data loss when CONTROLLER or Kiosk Computer replacement is required.

The following services and materials are specifically included:
• Routine CONTROLLER firmware upgrades, such as for security or bug fixes. • Replacement battery cells for battery-powered BikeLink® installations. • Critical software security improvements.

ELOCK shall provide labor, transportation, tools, and equipment necessary to perform the above preventative maintenance and repairs. Services not covered by this Proactive Service and Operation Plan shall be invoiced as “Additional Services and Materials” in accordance with Section 10 below and payable to ELOCK. “Additional Services and Materials” shall be pre-approved by OWNER, except under the following situations where pre-approval shall not be required:
• Repair is due to vandalism and can be performed during regular service visit in less than 1 additional hour. • Repair is due to vandalism and is required to correct an urgent security, safety, or stranded USER issue.

6.5 ELOCKER AUDITING AND RENTAL POLICY ENFORCEMENT ELOCK shall contact USERs by email or telephone to assist in the enforcement of BikeLink® rental policies adopted by OWNER. For example, ELOCK will attempt to contact the USER indicated and when rental is expired but SPACE is empty, rental is abandoned, ELOCKER contains prohibited items , or when apparent user confusion is noted during inspections or by MONITORS.

Upon receiving a query or problem report from a USER, ELOCK shall reply promptly with accurate information to all reasonable inquiries. Upon receiving a technical assistance request from a USER, ELOCK shall create an online problem report, and provide troubleshooting and telephone or email-based problem resolution during normal business hours.

ELOCK shall contact USERs by email or telephone to assist in the enforcement of BikeLink® rental policies.

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Whenever possible, ELOCK shall resolve enforcement problems by working directly with USERs. When ELOCK is unable to resolve issues with abandoned bicycles or prohibited items storage situations by working with USER, ELOCK shall contact OWNER to arrange for disposal or impounding. The costs incurred by eLock for disposal or impounding and transporting impounded user property shall be reimburse by owner. The fee for disposal or impounding of items from a space is $75 per space. Owner shall indemnify eLock against all claims associated with impounding or disposing of user property.

ELOCK does not guarantee USER compliance with BikeLink® rental policies. ELOCK shall not be responsible for enforcement of supplemental laws or policies adopted by OWNER except as described in the standard BikeLink® System User Agreement.

6.6 ELOCKER SIGNS AND PROMOTIONAL OUTREACH MATERIALS ELOCK shall provide one (1) standard “BIKE PARKING” sign per installation at no additional cost. Sign is 18” x 24”, and is customizable with logos requested by OWNER.

ELOCK shall install sign on ELOCKER door or side panel. ELOCK can, at the request of OWNER, provide and customize a flyer for outreach purposes.

6.7 ELOCKER CLEANING Cleaning shall be performed during a scheduled service visit and shall include the following tasks:
• Sweep/remove trash or debris found inside of ELOCKER spaces. • Clean up grime, grease and other contaminants or stains on internal electronic ELOCKER components. • ELOCK is not equipped to clean up hazardous wastes, including urine or excrement. Hazardous wastes shall be cleaned by OWNER.

6.8 GROUP FACILITY ON-SITE FACILITY EQUIPMENT MAINTENANCE Cleaning shall be performed during a scheduled service visit and shall include the following tasks:
• Sweep/remove trash or debris found inside of Group Facility. • Clean upgrime, grease and other contaminants or stains on internal electronic ELOCKER components.

6.9 GROUP FACILITY ON-SITE OPERATIONS Cleaning shall be performed during a scheduled service visit and shall include the following tasks:
• Sweep/remove trash or debris found inside of the facility. • Clean up grime, grease and other contaminants or stains on internal electronic ELOCKER components.

6.10 GROUP FACILITY ON-SITE FACILITY MAINTENANCE Cleaning shall be performed during a scheduled service visit and shall include the following tasks:
• Sweep/remove trash or debris found inside of Group Facility. • Clean graffiti off signs, walls, kiosk & remove gum from ground. • Clean up, grime, grease and other contaminants or stains on internal electronic ELOCKER components. • Survey of bicycle parking racks and other infrastructure and lubrication and troubleshooting as needed.

7. LIMITED PARTS REPLACEMENT COVERAGE

7.1 PARTS REPAIR, UPGRADE, OR REPLACEMENT If an electronic or mechanical component is determined by ELOCK to be functionally defective, ELOCK, at its sole discretion, will repair, replace, or upgrade the defective component with a refurbished or new component. ELOCK shall not be obligated to replace worn components with new ones to bring appearance or function to originally installed condition unless basic rental and security functions are disabled.

7.2 LIMITATIONS OWNER shall have no coverage or benefits under this Parts Replacement Plan if the product has been subject to abnormal use, abnormal conditions, use contrary to operating instructions, improper storage, improper cleaning or maintenance, unauthorized modifications, disassembly, repair or alteration by any person other than ELOCK or a party authorized by ELOCK, misuse, neglect, abuse, accident, use on improper power supply, improper installation, installation of any third-party software, or other acts which are not the fault of ELOCK, including acts of nature and damage caused by shipping.

Unauthorized or incorrect service attempts by OWNER may void the parts replacement coverage provided by this plan.

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This Parts Replacement Plan does not cover defects in appearance of cosmetic, decorative or structural items, including framing, and any non-operative parts.

This plan must be initiated while still under warranty, and may not lapse. Unless specifically indicated, this parts replacement plan is not extendable beyond five years from original installation date.

In the event a USER requests on-site assistance in lieu of remote assistance to resolve a problem caused by an ACCESS DEVICE or equipment malfunction, ELOCK reserves the right to charge a reasonable fee directly to the USER for this service.

8. SOFTWARE & INTELLECTUAL PROPERTY
Please see Software License Agreement.

9. EXCLUSIONS
This Agreement does not include:
• Repair of any damage or malfunction caused by vandalism. • Repair of any damage or malfunction caused by abnormal use, abnormal conditions, improper storage, improper cleaning or maintenance such as power washing, unauthorized modifications, disassembly, repair or alteration by any person other than ELOCK or a party authorized by ELOCK, misuse, neglect, abuse, accident, use on improper power supply, improper installation, installation of any third-party software, or other acts which are not the fault of ELOCK, including acts of nature and damage caused by shipping. • Replacement or repair of components damaged by actions of Owner or its agents, including but not limited to power-washing.
• Replacement or repair of components originally supplied by OWNER as a part of group-access facility installation, including but not limited to electric strikes and, power supplies. • Repair of damage caused by battery leakage.
• Cleaning of exterior of BikeLink® equipment including frames, doors, and rooftops. • Removal of graffiti.
• Removal of scratches from roof or signage.
• Usage Monitoring & Reports on more frequent than annual basis. • Regular monitoring and audits for group-access facilities. • Replacement parts.
• Emergency response, including staffing group-access facilities to enable bicycle retrieval if the CONTROLLER has been damaged due to vandalism.
• Impounding bicycles or other stored items.
• Repair or replacement parts for ELOCKER components manufactured by others (for ELOCKERs retrofitted with an ELOCK retrofit kit).
• Custom software or custom features.
• Shipping costs for owner return of apparently defective components. • Shipping costs for replacement components.
• Immediate or next-day On-site User Support.

10. COSTS FOR PARTS AND LABOR FOR ADDITIONAL SERVICES
For additional services not otherwise provided for in this agreement, services will be rendered on a time and materials basis in accordance with the following schedule. Costs provided below are for budget planning purposes. This schedule is not comprehensive, and costs are subject to change without prior notice.

Mileage: Current IRS standard business rate
Overhead markup for direct expenses: 15%
Monitoring (includes usage reports): $10 per controller per visit Labor: $115 per hour
Double, Quad, or Wedge ELOCKER Replacement Parts:

Controller $450
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Latch Assembly $150
Display Screen $25
Display Window $20
Cardslot Assembly $375

11. MISCELLANEOUS
This document will be covered by and construed in accordance with the laws of the State of California, and the laws of the United States (excluding conflicts of laws rules), and shall inure to the benefit of ELOCK and its successor, assignees and legal representatives. If any provision of this document is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

ELOCK is not liable for incidental or consequential damages of any nature arising from use or inability of use of the equipment.

Upon transfer of ownership or jurisdiction of a BikeLink® facility to another entity, OWNER agrees to provide a copy of this document to that entity. Any modifications to this Agreement must be in writing and signed by both parties.

Any notices or other communications shall be sent by certified mail, if to ELOCK, at: if to OWNER, at the following address:
eLock Technologies LLC
800 Heinz Avenue, Suite 11
Berkeley, CA 94710 USA
The parties agree to the foregoing and have executed the BikeLink® Service and Operations Agreement on the date indicated below:
eLock Technologies LLC
_____________________________________
By: __________________________________
Date: ________________________________
OWNER
___________________________________
By:_________________________________
Date: ______________________________
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III. BIKELINK® SYSTEM USER AGREEMENT
This agreement (“User Agreement”) with eLock Technologies, LLC (also referred to as “eLock” or “BikeLink” and includes any affiliate thereof) and Facility Owner (as defined below) allows You to use a BikeLink access device to obtain share time in a BikeLink facility. Your use of the Access Device constitutes your acknowledgment and consent to this User Agreement – READ IT CAREFULLY.

1. DEFINITIONS

1.1. The “Access Device” is any uniquely assigned ID device, including the BikeLink Smart Card, BikeLink Android or iOS App, Regional Transit Card or Credit Card assigned to a particular User and registered to their profile in the BikeLink user database.

1.2. The “Smart Card” is the BikeLink Smart Card issued to the Cardholder.

1.3. The “Cardholder” or “User” (“You”) is the bearer of an Access Device.

1.4. An “eLocker” is a bicycle locker with compatible Access Device reader made or licensed by eLock.

1.5. A “Storage Space” is either an individual eLocker or a unit of a multi-bicycle parking facility with a security Access Device reader made or licensed by eLock.

1.6. “BikeLink” is an inter-agency network of shared, on-demand parking and vending facilities for bicycles and other small vehicles, and an administrative system for issuing and distributing Access Devices and the operation and enforcement of BikeLink Facilities. BikeLink ®
is a registered trademark of eLock.

1.7. “Inter-agency network” means that a User can access any BikeLink facility with a BikeLink Access Device.

Some BikeLink facilities may require additional access codes.

1.8. An “Administrative Device” is a device which enables system administrators, physically or remotely, to update, modify, unlock, or access a BikeLink Facility or any Storage Space thereof.

1.9. “Card Issuers” or “Vendors” are agencies or entities which sell or distribute BikeLink Smart Cards.

1.10. “Rental” is the result of securing a Storage Space, such as an on-demand eLocker, for the use of a specific access device or linked devices.

1.11. “Available” is the state in which any authorized Access Device may initiate a Rental of a Storage Space.

1.12. “Rented” is the state in which a particular Storage Space has access to it restricted due to use by a particular User for a selected period of time.

1.13. “Expired” is the state resulting when a Rental is not terminated before its scheduled ending date and time.

1.14. “Abandoned” is the state in which a particular Storage Space has been left in an “Expired” state long enough to be deemed by eLock or the Facility Owner to be in violation of Rental duration terms indicated on screens or signage at that particular Facility. THE CONTENTS OF AN ABANDONED RENTAL MAY BE REMOVED

AND DISCARDED IMMEDIATELY BY ELOCK OR THE FACILITY OWNER WITHOUT PRIOR NOTICE AND WITHOUT COMPENSATION TO YOU.

1.15. A “Facility Owner” is the agency with ownership of a particular BikeLink facility, or the agency with jurisdiction over a particular BikeLink facility.

1.16. “Auto Reload” is a feature You can choose to enable on your BikeLink Web Purse to automatically replenish value for your Access Device.

1.17. “Permitted Items” are the permissible items that can be stored in a BikeLink facility WHICH INCLUDE ONLY THE FOLLOWING:
● Human or electric powered vehicles which have the primary purpose of transporting their human operator (such as a bicycle, eBike, unicycle, scooter, or skateboard), and is fully functional and assembled at the start of a Rental (each a “Permitted Vehicle”).
● Accessories for the operator and/or a passenger of a Permitted Vehicle, such as a helmet, shoes, safety vest, or bicycle clothing.
● Accessories directly attached to a Permitted Vehicle, such as a tire pump, seat, saddlebags, panniers, child seat, security lock, battery, light, basket, or set of tools. ● Items stored within storage containers directly attached to a Permitted Vehicle, such as saddlebags, panniers, tool bags, or baskets, and that are also not Prohibited Items, as defined below.

1.18. “Prohibited Items” are any items not defined above as Permitted Items, WHICH INCLUDE THE FOLLOWING ITEMS:

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● Fuels in liquid, solid, or gel form, or volatile chemicals of any type. ● Gas powered vehicles, or any vehicle not powered by human or electric energy. ● Any vehicle that was not fully functional and assembled at the start of the Rental. ● Parts of a vehicle that are not part of a fully assembled and functional Permitted Vehicle, such as wheels, chains, tires, skateboard decks, skateboard trucks, or other spare parts. ● Any item that is not stored together with a fully assembled and functional Permitted Vehicle. ● Perishable goods.
● Hazardous materials.
● Weapons.
● Any item that poses a health or safety risk as determined by eLock or the Facility Owner. ● Any illegal item.
● Any Permitted Items stored in a Storage Space in a quantity that, in the aggregate, is unreasonably excessive or would impair the operation of the Storage Space or use of other Storage Spaces by other Users. ● Any Permitted Items or Prohibited that are being stored on behalf of a non-User who is not accompanying the User.
● Any other Prohibited Item that eLock or the Facility Owner may deem prohibited.

2. RENTAL TRANSACTIONS

2.1. Every time You start a Rental, activate an Access Device, or access access the BikeLink website at www.bikelink.org You are agreeing to this entire agreement including Privacy Policy in Section 15 of this User Agreement.

2.2. A Rental creates a bailment for hire with respect to your Permitted Items stored in a Storage Space during the Rental just like a space in a car parking lot. It does not create or grant You a lease or any real property right to occupy a Storage Space. Your rights in connection with a Rental or Storage Space are strictly defined under this User Agreement.

2.3. Rental terms may vary by location and are displayed on information screens or signage.

2.4. Only the renting Access Device or an authorized Administrative Device can unlock a Rented, Expired or Abandoned Storage Space.

2.5. Only the renting Access Device or an Administrative Device can terminate a Rental.

3. STORAGE SPACE: USAGE & CONTENTS

3.1. Initiation of a Rental at a BikeLink Storage Space entitles You to access a storage space for immediate use.

You may store your vehicle in an eLocker only while You have a Rental in progress until the Rental becomes Abandoned. You may store your vehicle in a Group Parking Facility until the maximum duration has been exceed as defined for that particular facility.

3.2. BikeLink Storage Spaces shall be used only for the purpose of storing Permitted Items.

3.3. Storage of any Prohibited Item shall constitute a default by You to the terms of this User Agreement.

3.4. YOU AGREE THAT ANY PROHIBITED ITEMS FOUND OR LEFT IN A BIKELINK FACILITY OR STORAGE SPACE

SHALL BE DEEMED TO BE INTENTIONALLY ABANDONED AND MAY BE REMOVED AND DISCARDED

IMMEDIATELY BY ELOCK OR THE FACILITY OWNER WITHOUT PRIOR NOTICE AND WITHOUT COMPENSATION TO YOU.

3.5. The BikeLink Storage Space shall not be used in, or in connection with, any activity prohibited by law or by any policies or rules set by the Facility Owner.

3.6. After a period of time the Facility Owner deems excessive, typically 14 days, an Expired Rental shall be considered intentionally Abandoned. Abandoned Rentals constitute a default by You to the terms of this User Agreement.

3.7. Upon default for an Abandoned Rental, eLock will immediately make a reasonable attempt to notify the defaulting User of default in writing via email and by phone, using the contact information provided by the User during registration. WITHOUT ANY ADDITIONAL ATTEMPT TO CONTACT USER, BIKELINK THE FACILITY OWNER, OR THE FACILITY OWNER’S AGENT(S) MAY IMMEDIATELY EMPTY THE STORAGE SPACE AND IMPOUND OR DISPOSE OF THE ITEMS STORED THEREIN WITHOUT COMPENSATION TO THE USER. The User’s recourse to potentially recover such items is per the Facility Owner’s policy. Upon default for BikeLink Service and Operations Agreement v06.14.2019
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Abandonment of a Rental, BikeLink may revoke Your access to all BikeLink facilities, and reinstatement of access will be at the sole discretion of BikeLink.

3.8. Upon default for storage of Prohibited Items, eLock will immediately make a reasonable attempt to notify the defaulting User of default both in writing via email and by phone, using the contact information provided by the User. WITHOUT ANY ADDITIONAL ATTEMPT TO CONTACT USER, BIKELINK, THE FACILITY OWNER, OR THE FACILITY OWNER’S AGENT(S) MAY IMMEDIATELY EMPTY THE STORAGE SPACE AND DISPOSE OF THE PROHIBITED ITEMS WITHOUT COMPENSATION TO THE USER. Upon default for storage of Prohibited Items, BikeLink may revoke Your access to all BikeLink facilities, and reinstatement of access will be at the sole discretion of BikeLink.

3.9. As a condition of using a BikeLink facility for the restricted purposes described above, You waive any claim to the right to privacy with regard to the items You placed inside the Storage Space and expressly consent to allow BikeLink, the Facility Owner, and/or the Facility Owner’s agent(s):
● to open and inspect the storage space and inspect or relocate the contents thereof at any time without additional notice;
● to determine whether a health or safety hazard exists; ● to repair or clean the storage space, its door, or locking mechanism; and ● to determine whether any term of this User Agreement is being violated.

3.10. You will be monetarily responsible for damages beyond normal wear and tear to the Storage Space, BikeLink facility, or adjacent structures, caused by any misuse of the Storage Space by You.

3.11. ITEMS REMAINING IN A BIKELINK STORAGE SPACE AFTER A RENTAL HAS ENDED ARE CONSIDERED

INTENTIONALLY ABANDONED AND MAY BE IMMEDIATELY REMOVED AND DISCARDED BY BIKELINK WITHOUT ANY ATTEMPT TO CONTACT USER OR WITHOUT COMPENSATION TO YOU.

4. ACCESS DEVICES

BIKELINK SMART CARD

4.1. The BikeLink Smart Card is available for purchase through BikeLink and authorized Vendors.

4.2. Vendor Location information is provided at www.BikeLink.org, by calling (888) 540-0546, or on information screens and signage at a BikeLink facility.
3RD PARTY ACCESS DEVICES

4.3. A 3rd Party Access Device is a unique ID device that must be registered to a BikeLink User to access BikeLink facilities and is used only for the purpose of identifying the User.

4.4. 3rd Party Access Devices may include Regional Transit Cards and credit cards.

4.5. Adding any 3rd Party Access Device to a User’s BikeLink Profile is subject to an administrative fee. This fee is posted on BikeLink.org and shown during the registration process.

4.6. Adding or linking more than one BikeLink App enabled Access Device to your profile is subject to an administrative fee.

4.7. BikeLink does not vend 3rd Party Access Devices.

4.8. User must comply with all terms of service that are applicable to their 3rd Party Access Device in addition to this Agreement.

BIKELINK® SMARTPHONE APP

4.9. The BikeLink App is available on the Apple App Store or the Google Play store.

4.10. A smartphone with an installed BikeLink App is an Access Device that requires registration to a BikeLink User Profile to access BikeLink facilities.

5. BIKELINK SMART CARD VALUE

5.1. The BikeLink Smart Card is not a charge, credit, or debit card.

5.2. The value the Smart Card holds is neither cash nor the equivalent of cash. At a BikeLink Facility which charges for use, You can exchange value on the Smart Card for share time in the facility. The Smart Card value has no other use or worth.

5.3. BikeLink value is not refundable or exchangeable.

5.4. If You default on this agreement, BikeLink Smart Card value is non-refundable.

6. BIKELINK WEB PURSE

6.1. The BikeLink Web Purse is an online account to fund Rental transactions for your registered 3rd Party Access Device or App access to BikeLink facilities.

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6.2. At a BikeLink Facility which charges for use, You can exchange cash value on your Web Purse for parking time at the facility or item.

6.3. You can load cash value and manage your payment account on your Web Purse at BikeLink.org, in the BikeLink App or by calling BikeLink at (888) 540-0546.

6.4. Any 3rd Party accounts or funds associated with the 3rd Party Access Device are independent of the funding source for your BikeLink Web Purse.

6.5. If a Rental costs more than the value on the User’s Web Purse, BikeLink may allow the User complete the Rental even if the value exceeds the Web Purse’s remaining value. However, sufficient value must be added to the Web Purse to pay for the prior Rental before the Access Device can be used again.

6.6. By setting up Auto Reload, the User authorizes BikeLink to automatically reload cash value to User’s Web Purse by means of a bank or credit card account whenever the User’s Web Purse balance falls below $5.

6.7. User may request to terminate Auto Reload at any time by editing the Auto Reload setting in the BikeLink App, at BikeLink.org, or by emailing [email protected].

6.8. If your Web Purse balance reaches an Auto Reload threshold identified in Section 6.6 before the Auto Reload termination process is completed, the Web Purse will be loaded with value to bring the Web Purse balance to $20.00 and You will be liable for payment.

6.9. If an Auto Reload charge is declined for any reason, BikeLink may block all Access Devices associated with the Web Purse. In order to have Access reinstated, You must provide a valid payment method on the BikeLink website at BikeLink.org, on the BikeLink App or by writing or calling BikeLink. BikeLink will issue an action to unblock Access Devices after collecting funds for the Auto Reload cash value.

6.10. BikeLink reserves the right to decline a request to set up an Access Device for Auto Reload, or to accept an alternative payment (bank or credit card) method, in order to prevent fraudulent use or abuse of Auto Reload features and benefits.

6.11. BikeLink Web Purse balances are refundable upon request through BikeLink.org. A $5 or 10%, fee, whichever is greater, of the cash value balance applies to all refunds.

6.12. If you are found in default of this agreement, your BikeLink Web Purse will be subject to an administrative fee up to $50 for the dispose and or impounding of your property.

7. BIKELINK ACCESS DEVICE LOSS AND DAMAGE

7.1. YOU SHALL REPORT ANY LOST, STOLEN, OR IRREPARABLY DAMAGED ACCESS DEVICES TO BIKELINK IN A TIMELY MANNER. IF YOU DO NOT REPORT YOUR LOST OR STOLEN ACCESS DEVICE, YOU MAY BE HELD LIABLE FOR ITS MISUSE, INCLUDING HAVING YOUR RIGHT REVOKED TO USE ANY BIKELINK FACILITY.

7.2. You agree to report all lost, stolen, or irreparably damaged cards at BikeLink.org, or by calling (888) 540-0546. You agree to take all reasonable care of the BikeLink Smart Card to prevent it from damage, defacement, destruction, or loss of any kind.

7.3. You shall not alter or interfere with any graphic on the BikeLink Smart Card and shall take all reasonable measures and care to ensure BikeLink Smart Card Data are not interfered or tampered with.

7.4. No refund for lost or damaged BikeLink Smart Card will be provided except at the absolute discretion of eLock.

7.5. Adding or linking more than one BikeLink App enabled Access Device to your profile is subject to an administrative fee.

8. BIKELINK GROUP PARKING FACILITY ACCESS

8.1. For first time access to a BikeLink Group Parking Facility, Users must complete an ID check verification at the entry kiosk. There is an administrative fee for this service.

9. CONDITIONS FOR SERVICES AND FACILITIES

9.1. While using the services and/or facilities of a Facility Owner, You shall observe, perform, and comply with the terms and conditions, by-laws, rules, and regulations, including Rental settings such as maximum Rental duration and hourly rate, selected by that Facility Owner in relation to such services and/or facilities.

9.2. At the behest of a Facility Owner, authorized agents of BikeLink or the Facility Owner may electronically access, unlock, move or remove stored contents, and/or modify a facility owned by the Facility Owner, regardless of the facility’s state or the state of any affected Access Device, and neither BikeLink nor the Facility Owner shall be liable for any loss or damage resulting therefrom.

9.3. A Facility Owner may deny access to, replace, or remove any facilities it owns at any time for any reason, and neither BikeLink nor the Facility Owner shall be liable for any loss or damage resulting therefrom.

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9.4. Neither BikeLink nor the Facility Owner are responsible for fire, theft, loss, or damage to any article left in a facility. User shall indemnify eLock and the Facility Owner and their directors, officers, agents, representatives, and employees (“Indemnified Parties”) from any liability of any nature arising out of the User’s use of a facility.

9.5. Neither BikeLink nor the Facility Owner are responsible for any property stored in violation of this User Agreement. User shall indemnify the Indemnified Parties from any liability of any nature arising out of the User’s misuse of a facility.

10. TERMINATION

10.1. BikeLink may terminate this User Agreement at any time and for any reason. At BikeLink’s request, or if You wish to terminate this User Agreement, You must return your BikeLink Smart Card in proper working condition to BikeLink. The value on BikeLink Smart Card is non-refundable. Upon termination You may not use any BikeLink Access Device, including 3rd Party or BikeLink App Devices, to access BikeLink facilities.

11. CHANGES TO THIS USER AGREEMENT

11.1. BikeLink reserves the right to change the terms of this User Agreement and any associated policies at any time.

11.2. Any time You start a Rental or log into BikeLink.org or the BikeLink App, You are agreeing to the terms of the BikeLink User Agreement in effect at the start of your Rental.

11.3. In the event of any changes to this User Agreement, notice will be posted on the BikeLink website at www.BikeLink.org.

12. RELEASE AND INDEMNITY

12.1. You hereby release the Indemnified Parties from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Access Device issued to or used by You. No Indemnified Party will have any obligation or liability with respect to your use of or the performance of the Access Device. You agree to indemnify, protect, and hold harmless the Indemnified Parties from any and all liability for any loss, damage, or injury to persons or property arising from or related to the Access Device.

12.2. For and in consideration of permitting You to rent Facility Owner’s property, You hereby voluntarily release, discharge, waive and relinquish any and all actions or causes of action for personal injury, property damage or wrongful death occurring to You arising as a result of your use of or the performance of the Access Device issued to You, any BikeLink facility, or any activities incidental thereto, wherever or however the same may occur, and You do for yourself, your heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any action or causes of action aforesaid, which may hereafter arise for yourself or for your estates and agree that under no circumstances will You or your heirs, executors, administrators and assigns prosecute, present any claim for personal injury, property damage or wrongful death against any Indemnified Party for any of said causes of action whether the same shall arise by the negligence of any of said persons or otherwise. It is your intention by this instrument to exempt and relieve all of the Indemnified Parties from liability for personal injury, property damage or wrongful death, whether or not the same is caused by negligence.

12.3. You further agree to indemnify and hold harmless the Indemnified Parties from any liability or claim or action for damages which in any way arises out of your use of or the performance of the Access Device or BikeLink Facility, even though that liability may arise out of the negligence or carelessness on the part of any Indemnified Party. Notwithstanding anything stated in the foregoing paragraphs, nothing in this document shall apply to exempt any person or entity from responsibility for such person’s or entity’s own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent.

13. FAILURE TO COMPLY

13.1. Failure to comply with or default on any portion of this User Agreement may result in eLock’s blocking the use of the Access Device, and no refund will be issued for the balance on your BikeLink Smart Card and /or Web Purse Value up to $50.

14. COMMUNICATIONS

14.1. Please address all questions, notifications, and communications related to the BikeLink Access Device and the bicycle parking facility to: [email protected], or by mail to:

BikeLink
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800 Heinz Avenue Suite 11
Berkeley CA 94710

14.2. User agrees to provide BikeLink with their correct and current contact information at the time of registration.

14.3. User agrees to immediately notify BikeLink of any change in contact information by updating the User’s profile at BikeLink.org, or by contacting BikeLink via email at [email protected].

15. PRIVACY

15.1. All information and data relating to the User collected by BikeLink shall be used by BikeLink and the Facility Owner for the purposes of the operation and management of BikeLink facilities, and shall serve as a source of information and data for transit and/or related services in general but shall otherwise be dealt with in a confidential manner by BikeLink unless:
a) the express written consent of the User has been obtained; and / or b) there is a legal requirement to the contrary.

15.2. You retain the right to review all personal identifying information pertaining to your Access Device, whether stored electronically or on paper. Any inquiry or request to obtain information, in accordance with the above provisions, should be directed in writing to BikeLink. eLock may adopt procedures for your review of such information, including but not limited to charging a fee for processing requests for access to personal identifying information.

15.3. When You provide information to BikeLink, BikeLink will not share this information with other entities except to conduct regular business, to comply with legal requirements, and to protect against fraud. BikeLink will not sell, lease, rent, loan, or trade lists of physical or email addresses or phone numbers. BikeLink’s web server, Access Devices and Rental devices collect information that details the traffic on our site and Rental usage patterns. BikeLink may analyze this information and use aggregate statistics to improve the content and navigation on websites and app, and to improve the usefulness of products.

15.4. The Personal Identifiable Information (“PII”) that BikeLink collects includes, without limitation, your name, phone number, address, email, identification card or passport, photo, and other contact information.

15.5. When You obtain a BikeLink Access Device You are required to provide accurate PII including your full name, address of residence, email, phone number, last four digits of your photo ID, and contact information.

That PII will not be released to third parties, except: (a) it is available on demand to BikeLink facility owners, facility owner’s agent(s) and law enforcement officials so that in the event that your BikeLink Access Device is lost while You are storing Permitted Items, your identity may be verified before releasing such Permitted Items to You; (b) to contact You if your Access Device’s Rental transactions do not conform with the terms of this User Agreement; (c) in the event of an emergency affecting your items in a Storage Space; or (d) to provide You with information about changes in BikeLink terms or features, facility status, or stored property status.

15.6. BikeLink does not store any credit card information on our servers. Credit card numbers given by Users are disclosed directly to our 3rd party vendor for fulfillment services who comply with all applicable PCI security requirements.

15.7. eLock may provide aggregate statistics and usage reports to our Users, customers or researchers, to assist them in assessing the BikeLink system or in applying for funding to install new facilities. These statistics and usage reports shall not contain PII.

15.8. BikeLink makes no attempt to link website statistics to the individuals who browse our site. BikeLink does not share server statistics with third parties.

15.9. If You request information from us, any PII You supply will be used only to satisfy your request. BikeLink will not share such with third parties unless such sharing is pursuant to this User Agreement or BikeLink has prior approval from You.

15.10. BikeLink uses a combination of technical, administrative, and physical controls to maintain the security of your PII. No method of transmitting or storing PII is completely secure, however. If you have a security-related concern, please contact BikeLink.

15.11. The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process.

15.12. CALIFORNIA DO-NOT-TRACK DISCLOSURE. Do Not Track is a privacy preference that Users can set in their web browsers. When a User turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the User. For information about Do Not Track, visit www.allaboutdnt.org. At this time, BikeLink does not respond to Do Not Track browser settings or signals. In addition, BikeLink may use other technology that is standard to the Internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to www.bikelink.org or one of the affiliated pages hosted at the bikelink.org BikeLink Service and Operations Agreement v06.14.2019
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domain. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.

15.13. This Privacy Policy contained in this Section 15 is effective as of February 20, 2018. eLock may revise this Privacy Policy without prior notice. Revised Privacy Policies will be available at www.bikelink.org.

16. GENERAL

16.1. Neither this User Agreement nor any rights, licenses or obligations hereunder, may be assigned by User without the prior written consent of eLock or Facility Owner. eLock may assign this User Agreement freely.

Subject to the foregoing, this User Agreement will benefit and bind the parties’ successors and assigns.

16.2. This User Agreement shall be governed by the laws of the State of California without regard to the conflicts of law provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. federal courts in Alameda County, California. Both parties consent to the exclusive jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by California or federal law. In any action or proceeding to enforce rights under this User Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees. In the event that any of the provisions of this User Agreement shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this User Agreement shall otherwise remain in full force and effect. This User Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. No waiver or modification of this User Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party and no failure or delay in enforcing any right will be deemed a waiver.

BikeLink Service and Operations Agreement v06.14.2019
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Electronic Bicycle Locker Cleaning Guide
IMPORTANT REMINDERS
• Never Power Wash or Hose Down Electronics
• Never use mineral acids, bleaches, chlorine or any other abrasive, caustic or alkaline cleaning agent on any part of the lockers
• Never use steel wool, wire brushes, carbon steel tools, or sandpaper on any part of the lockers PERIODIC CLEANING PROTOCOL
1X Every 3 Months (Summer, Fall, Winter)
Stainless Steel Surfaces
• Clean with mild detergent (dish soap or glass-safe cleaner) and water using non-metallic abrasive pad and sponge (Ever-Brite or equivalent). Gently rinse with fresh water after cleaning. • Inspect stainless steel surfaces for discoloration, tarnish, water stains or rust.

Fiber Reinforced Plastic Surfaces
• Clean with mild detergent and water using non- abrasive soft cloth, and rinse with fresh water. • Inspect FRP surface for weathering, fading or dullness to glossy surface Polycarbonate Controller Window
• Clean with soft non-abrasive cloth and, as needed, plastic cleaner or plastic polish (Kleenmaster Brillianize, Novus 1 or equivalent).
• Inspect polycarbonate surface and report any foreign substances/damage. 1X Every Year (Spring)
Stainless Steel Surfaces
• Clean with borax, soda ash or a non-abrasive commercial cleanser using a non-abrasive sponge/pad (Scotch Brite or equivalent). Using gentle pressure, rub stained areas in the same direction of the existing polishing grain until stains are removed. Stubborn stains may be removed with a magnesium oxide, ammonia and water paste. Gently rinse with fresh water then dry thoroughly. • Inspect stainless steel surfaces for discoloration, tarnish, water stains or rust. ®
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Fiber Reinforced Plastic Surfaces
• Clean with mild detergent and water using non- abrasive soft cloth or sponge. Rinse with fresh water then dry thoroughly.
• Inspect FRP surface for weathering, fading or dullness to glossy surface. • Apply automotive paste wax, let dry to a haze, and buff to a shine with clean dry cloth. Do not wax in direct sunlight and always check the wax label and follow manufacturer’s recommendations. • If there are stains on the FRP we recommend FRP from Davis Instruments or Advanced Products FRP Cleaner for removal.

Polycarbonate Controller Window
• Clean with soft non-abrasive cloth and, as needed, plastic cleaner or plastic polish (Kleenmaster Brillianize, Novus 1 or equivalent).
• Inspect polycarbonate surface and report any foreign substances/damage to eLock directly.

GRAFFITI REMOVAL
On Stainless Steel Surfaces use graffiti wipes or mineral spirits (or equivalent solvent) to remove paints, pen inks, lipstick, adhesives and labels. On Fiber Reinforced Plastic Surfaces use FRP from Davis Instruments or Advanced Products FRP Cleaner to remove the graffiti. Following use of solvents, wash with a solution of mild detergent and water then rinse with fresh water. On Polycarbonate Controller Window clean with soft non-abrasive cloth and, as needed, plastic cleaner or plastic polish (Kleenmaster Brillianize, Novus 1 or equivalent).
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Planning Commission
Stone Point Lots 1-5
1 Stainless
Steel
Surfaces
Fiber Reinforced Plastic
Electronic Bike Lockers
Product Surfaces
Polycarbonate
Controller
Window
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Stainless Stain Before Cleaning
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•
Stainless Stain After Cleaning
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EXHIBIT B

PAYMENT PROVISIONS

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

2. SUBMISSION OF INVOICES:

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

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

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

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

Clarence Johnson Clarence Johnson ELock Technologies
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EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

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

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

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

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

Attn:

Email: ________________________________________________ Clarence Johnson [email protected] Technologies ELock Technologies 800 Heinz Ave, Suite 11 Berkeley, CA 94710 [email protected] Jake Massler 2457
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

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

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

2. TIME IS OF THE ESSENCE:

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

3. STANDARD OF CARE:

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

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

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

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, ELock Technologies
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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 ELock Technologies
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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 ELock Technologies
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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 jointventure 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 subcontractors 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 ELock Technologies
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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 ELock Technologies
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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, ELock Technologies
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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”):

ELock Technologies
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EXHIBIT F

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

ELock Technologies
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___ Exhibit F
___ Section 8
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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.
2471
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

PROJECT COST REQUIRED 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. 2472
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

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 nonrenewed, 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.
2473
___ 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.
2474
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Emily
Combs
Digitally signed by Emily Combs Date: 2026.07.17 16:56:46 -07'00' 2477
2478
What is BikeLink?
BikeLink™ is an integrated management and
multi-platform software system designed to facilitate
both on-demand secure bike parking and deployment of
rental bikes. BikeLink™ integrates smart
microelectronics, wireless mesh networking, cellular
technology, and relational databases with administrative procedures and access control systems. BikeLink™ can
be used as an operating system for eLockers™, eCages™,
eRacks™, or with eLock retrofit kits for existing
mechanically keyed bike lockers.

The Benefits of BikeLink™
Operational Flexibility
• Easily switch between parking and vending modes.
• Use with lockers, racks, or cage enclosures.
• All components run on AC power or batteries.
• Works with and without a network.
• Membership-based access control is not required.

Ease of Use
• Clear, intuitive user interface.
• Faster to use than a mechanical bike lock or locker.

Interoperability
• Cardholder can access a national network of facilities. • System supports a variety of card types.

Low Operating Cost
• The BikeLink system has been continuously refined to
minimize administration, service, cleaning, power, and
communications costs.

Serves More Cyclists
• Usage data indicates BikeLink serves 5-7 times as many cyclists in a year compared to non-shared systems.

NK
LI
KE
BI
OR K. LIN KE BI W. WW G The BikeLink™ Card
The BikeLink™ Card acts as both a debit device and access key. It is smart and it never expires. It stores rental information which can help a user if they forget where they parked, and deters several types of system abuses by
preventing multiple simultaneous rentals.

As indicated on its back, use of the BikeLink™ Card invokes the BikeLink™ Cardholder Agreement, which can be viewed at www.bikelink.org.

BikeLink™ System Overview
Copyright©2008 eLock Technologies, LLC
TECHNO
o
LOG
cIESk
LLC eL 800 HEINZ AVE, #11 BERKELEY, CA 94710 510 549.2853 FAX 510 549.9157 [email protected]

INFORMATION ON THIS PAGE IS CONSIDERED PROPRIETARY
Get a BikeLink™ card
How On-Demand Bike Parking Works:

Insert card
Park your bike
End rental
The BikeLink™ Card is sold online at
www.bikelink.org, by local facility owners,
nearby businesses, or vending machines.

The screen guides you through a very quick
process to start your rental. It’s like using a
parking meter.

Once there’s time on the meter, the door
opens. Put your bike inside, close the door,
and walk away. Your bike remains secure even
if the meter expires.

Insert your card, get your bike, and get your
refund! Unlike a parking meter, any time you
don’t use is refunded. If your meter expires
you are simply charged for the extra time at a
higher rate.
00 HRS
$
Get a BikeLink™ card
How Automated Bike Rental Works:

Insert card
Remove rental bike
End rental
To facilitate insurance or security deposit
requirements, the bike fleet owner may require
your card be tagged with an extra electronic
access code. You can get a code for your card
over the phone, on the web, or by purchasing
your card directly from the bike fleet owner.

The screen guides you through a very quick
process to select a bike and start your rental.

When you start your rental, if you’re using an
eLocker the door opens. If you’re using an
eRack, your selected bike is released.

You can return your bike to a different
location from where you rented it. If you’re
using an eLocker, insert your card, view and
accept your receipt, replace bike and attach
docking device. If you’re using an eRack, just
dock your bike at any slot and then insert
your card to view your receipt and close out
the transaction.
00 HRS
$
2479
Power Source Options
• Battery or AC power -- see power
supply options spec sheet.

Local Administration
• Smart Manager Card provides
access to rental settings, date &
time setting, battery levels, rental
history, ability to switch between
pay-for-parking and automated
bike rental modes, and other
features.
• Mechanical Manager Key for
maintenance and battery
replacement, as well as latch
overrride.
• Firmware updates via firmware
update card.
• Public information screens are
accessible to any person requiring
up-to-date information about the
system, where to get a card,
emergency contact phone
numbers, rentals rates. No card
needed to access these screens.

Remote Administration
• See BikeLink wireless network spec
sheet for optioinal network
features.

Installation and Relocation
• Concrete slab with less than 1.5%
slope and installation by eLock
technicians is recommended.
• Wheel-jack connections are built in
to frame for easy relocation.

Support & Maintenance
• eLock provides free cardholder and
facility owner technical support.
• Electromechanical components are
not Owner servicable.
• Annual check-ups and tune-ups are
recommended. Guaranteed on-site
service contracts and extended
warranties are available.

Electronics Housing
• 300 series 16 gage stainless steel.
• Easily removable electronics for
ease of maintenance and battery
replacement.
• Housing held in place by
high-security mechanical lock.

Locking & Latching System
• Patented “always locked” logic
means door is secured even when
locker is empty and available for
parking or bike return. This deters
misuse as shelter or for storage of
inappropriate items.
• Motor-driven latch release
mechanism for low power
consumption and reliable operation
even when batteries are low.
• 3000 lb pull-out test automotive
grade latch mechanism.
• Latch can be released from inside
locker.

Access System
• Smart Card ISO-7816 compliant
on-demand access: any BikeLink
cardholder can initiate rental.
• 3rd party ISO-7816 or 14443
compliant upgrade capable.

Upgrade configuration & cost
depend on specifications of 3rd
party card to be used.
• Parking meter style interface.

Access cards distributed via
bikelink.org or local vendors. For
rental rates over 10 cents per hour,
facility-specific revenue is
reimbursed to facility owner.

User Interface Display
• High contrast, wide temperature
128x64 graphic LCD.
• Backlight for nighttime operation.

General Specifications
• BikeLink™ operating system
pre-installed.
• Designed for operation under a wide
range of environmental conditions.
• Modular design and replaceable
components for ease of maintenance,
lower lifecycle costs, and ability to
upgrade.
• High quality materials, design, and
attention to aesthetics.

Frame & Door
• Heavy gage all steel locker frame.
• Frame finish: G90 Galvanized,
Stainless steel or Tnemec V69/1075
industrial grade corrosion barrier.
• Wide range of frame color options.
• No externally exposed screw
fasteners.
• Stainless steel fully perforated door
permits view of contents.
• Door recessed and extra thick for pry
resistance.
• Door braced for security & stiffness
to ensure consistent latching.
• Debris skirts & door flaps prevent
intrusion and entrapment of
wind-blown debris.
• FRP roofs meet stringent Transit
Agency fire resistance specifications,
have high impact, UV, and cutting
resistance, yet let light in so locker
contents remain visible at a distance.

Sloped to shed rain and deter repose.
• FRP or perforated stainless steel end
panels.

Divider Panels
• Galvanized 1/2” #16 expanded steel
interior divider panels have proven
security characteristics yet permit
light and visibility.
• Stainless steel 18 gage 1/4” on 3/8”
perforated exterior panels.
1/2” #16 HOT-DIP GALVANIZED

FLATTENED EXPANDED STEEL
Proven security characteristics.
52% Open Area
16 GAGE STAINLESS STEEL
CONTROLLER HOUSING.

Pry-resistant mounting, yet easily
removable using high-security
mechanical lock.
1/4” ON 3/8” STAGGERED

PERFORATED STAINLESS STEEL
Excellent corrosion resistance,
small hole size results in excellent
security properties. 42% Open Area
eLocker™ Product Specifications
Copyright©2008 eLock Technologies, LLC
TECHNO
o
LOG
cIESk
LLC eL 800 HEINZ AVE, #11 BERKELEY, CA 94710 510 549.2853 FAX 510 549.9157 [email protected] INFORMATION ON THIS PAGE IS CONSIDERED PROPRIETARY 2480

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